- 21 - automobile’s prorated lease value from her gross income in those years. III. Section 6662 Penalty A. Accuracy-Related Penalties for Negligence or Disregard Respondent determined that, for 1994, Christopher and Brenda and Gregory and Linda (petitioners Cox) were liable for an accuracy-related penalty under section 6662(a) because their underpayments of tax for 1994 were due to negligence or disregard of rules or regulations. Although petitioners Cox contend that they are not liable for the accuracy-related penalty under section 6662, the only arguments they made in support of their position were that respondent erred in making his determination and that Christopher and Gregory had sufficient bases to allow them to deduct the NOLs claimed. Section 6662(a) and (b)(1) imposes a penalty equal to 20 percent of the portion of an underpayment of income tax attributable to negligence or disregard of rules or regulations. Negligence is defined as “any failure to make a reasonable attempt to comply with the provisions of * * * [the Internal Revenue Code]”. Sec. 6662(c); see Neely v. Commissioner, 85 T.C. 934, 947 (1985) (negligence is lack of due care or failure to do what a reasonable and prudent person would do under the circumstances). The term “disregard” includes “any careless, reckless, or intentional disregard.” Sec. 6662(c). Disregard ofPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011