Roderick E. Carlson and Jeanette S. Carlson - Page 34




                                       - 34 -                                         
          see section 6662(b)(1).  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, and that the            
          taxpayer acted in good faith with respect to, such portion.  See            
          sec. 6664(c)(1).                                                            
               An understatement is equal to the excess of the amount of              
          tax required to be shown in the tax return over the amount of tax           
          shown in the tax return, see sec. 6662(d)(2)(A), and is substan-            
          tial in the case of an individual if it exceeds the greater of 10           
          percent of the tax required to be shown or $5,000, see sec.                 
          6662(d)(1)(A).  However, the amount of such understatement is to            
          be reduced by that portion of the understatement which is attrib-           
          utable to any item where (1) “the relevant facts affecting the              
          item’s tax treatment are adequately disclosed in the return or in           
          a statement attached to the return,” sec. 6662(d)(2)(B)(ii)(I)              
          (adequate disclosure), and (2) “there is a reasonable basis for             
          the tax treatment of such item by the taxpayer”, sec.                       
          6662(d)(2)(B)(ii)(II) (reasonable basis).                                   
               For purposes of section 6662(a), the term “negligence”                 
          includes any failure to make a reasonable attempt to comply with            
          the Code, and the term “disregard” includes any careless, reck-             
          less, or intentional disregard.  See 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.  See                  






Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  Next

Last modified: May 25, 2011