- 33 - 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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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