Umit Tarakci - Page 33




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          negligence.  Accordingly, we hold that petitioner is liable for             
          the addition to tax under section 6651(a)(1).                               
          V.   Accuracy-Related Penalty                                               
               Section 6662(a) imposes a penalty equal to 20 percent of the           
          portion of an underpayment of tax attributable to a taxpayer’s              
          negligence, disregard of rules or regulations, or substantial               
          understatement of income tax.  See sec. 6662(a), (b)(1) and (2).            
          “Negligence” has been defined as the failure to do what a                   
          reasonable and ordinarily prudent person would do under the                 
          circumstances.  Neely v. Commissioner, 85 T.C. 934, 947 (1985).             
          The term “disregard” includes any careless, reckless, or                    
          intentional disregard of rules or regulations.  Sec. 6662(c).  An           
          understatement is “substantial” if it exceeds the greater of 10             
          percent of the tax required to be shown on the return or $5,000.            
          Sec. 6662(d)(1) and (2).  Respondent’s determination that                   
          petitioner is negligent is presumptively correct, and the burden            
          is on petitioner to show a lack of negligence.  See Hall v.                 
          Commissioner, 729 F.2d 632, 635 (9th Cir. 1984), affg. T.C. Memo.           
          1982-337.18  The accuracy-related penalty applies unless                    
          petitioner demonstrates that there was reasonable cause for the             
          underpayment and that he acted in good faith with respect to the            
          underpayment.  See sec. 6664(c).                                            



               18See supra note 10.                                                   





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