Richard Henry and Carmen M. Strickland - Page 6




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          evidence regarding these expenses; therefore, we hold for                   
          respondent on this issue.                                                   
               Respondent also determined an accuracy-related penalty under           
          section 6662(a), which imposes an addition to tax in the amount             
          of 20 percent of any underpayment attributable to negligence.  To           
          avoid this negligence penalty, petitioner has the burden of                 
          showing that his actions were not careless, reckless, or made               
          with intentional disregard of rules or regulations.  See Delaney            
          v. Commissioner, 743 F.2d 670 (9th Cir. 1984), affg. T.C. Memo.             
          1982-666.  Because petitioner has presented no evidence as to why           
          his actions were reasonable, petitioners are liable for the                 
          section 6662 penalty for the taxable year 1990.  See Lyszkowski             
          v. Commissioner, T.C. Memo. 1995-235, affd. 79 F.3d 1138 (3d Cir.           
          1996).  In addition, petitioner’s allegations that respondent’s             
          actions were improper do not constitute reasonable cause.                   
               Respondent also determined that petitioners were subject to            
          an addition to tax for failure to timely file a tax return.  This           
          addition is imposed by section 6651(a)(1) unless petitioner can             
          show that the late filing was due to reasonable cause.  See Bixby           
          v. Commissioner, 58 T.C. 757 (1972).  Petitioner has offered no             
          evidence to show that respondent’s determination of the addition            
          to tax was in error.  Accordingly, petitioners are liable for the           
          section 6651(a)(1) addition to tax for their 1990 tax year.                 








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