Zinovy Brodsky - Page 70




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          6662(b)(1).  For purposes of section 6662(a), the term "negli-               
          gence" includes any failure to make a reasonable attempt to                  
          comply with the Code, and the term "disregard" includes any                  
          careless, reckless, or intentional disregard.  Sec. 6662(c).                 
          Negligence has also been defined as a lack of due care or failure            
          to do what a reasonable person would do under the circumstances.             
          Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992),                 
          affg. T.C. Memo. 1991-179; Antonides v. Commissioner, 91 T.C.                
          686, 699 (1988), affd. 893 F.2d 656 (4th Cir. 1990).  Failure to             
          maintain adequate books and records or to substantiate items                 
          properly constitutes negligence.  Sec. 1.6662-3(b)(1), Income Tax            
          Regs.                                                                        
               The accuracy-related penalty under section 6662(a) does not             
          apply to any portion of an underpayment if it is shown that there            
          was reasonable cause for such portion and that the taxpayer acted            
          in good faith.  Sec. 6664(c)(1).  The determination of whether               
          the taxpayer acted with reasonable cause and in good faith                   
          depends on the pertinent facts and circumstances, including the              
          taxpayer’s efforts to assess his or her proper tax liability, the            
          knowledge and experience of the taxpayer, and the reliance on the            
          advice of a professional, such as an accountant.  Sec. 1.6664-               
          4(b)(1), Income Tax Regs.  In the case of claimed reliance on the            
          accountant who prepared the taxpayer’s tax return, the taxpayer              
          must establish that correct information was provided to the                  
          accountant and that the item incorrectly omitted, claimed, or                
          reported in the return was the result of the accountant’s error.             






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