- 9 - Respondent determined that petitioners are liable for accuracy-related penalties under section 6662(a) for each of the years at issue. Section 6662(a) imposes a penalty of 20 percent of the portion of an underpayment attributable to negligence or disregard of rules or regulations. Sec. 6662(b)(1). “Negligence” is defined as any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code, and “disregard” is defined as any careless, reckless, or intentional disregard. Sec. 6662(c). Negligence also includes any failure by the taxpayer to keep adequate books and records or to substantiate items properly. Sec. 1.6662-3(b), Income Tax Regs. The accuracy-related penalty does not apply if petitioners had reasonable cause for the underpayment and acted in good faith with respect to the underpayment. Sec. 6664(c)(1). Whether a taxpayer acted with reasonable cause and in good faith is determined on a case-by-case basis, taking into account all pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. The most important factor generally is the extent of the taxpayer’s effort to assess his proper tax liability. Id. An honest misunderstanding of fact or law that is reasonable in light of all the facts and circumstances may indicate reasonable cause. Id.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011