Christopher K. and Brenda M. Cox, et al. - Page 21




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          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 of           






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