- 8 - trial briefs. Accordingly, respondent’s determination that Olympic understated its income by $56,598 is sustained. III. Section 6662(a) Respondent determined accuracy-related penalties under section 6662(a). That section imposes a penalty in the amount of 20 percent of any portion of the underpayment attributable to negligence or disregard of rules or regulations. Negligence is the lack of due care or the failure to do what a reasonable and ordinarily prudent person would do under the circumstances. See Neely v. Commissioner, 85 T.C. 934, 947 (1985). The negligence penalty will apply if, among other things, the taxpayer fails to maintain adequate books and records with regard to the items in question. See Crocker v. Commissioner, 92 T.C. 899, 917 (1989). Respondent determined that petitioners are liable for the penalties on the understatements. Petitioners failed to address the accuracy-related penalties in their briefs and presented no evidence at trial as to why the resulting understatements or deficiencies were reasonable. Petitioners did state that “many records were either lost or destroyed and/or not available which very likely would have substantiated further losses, not income, from the failed Olympic Concrete Pumping Company” but did not provide any explanation for the lost or destroyed records. Petitioners’ 1991 returns show their awareness that losses claimed from S corporations are limited to basis. In 1992,Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011