Richard and Judith Haeder - Page 42




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               Section 6662(a) and (b)(1) imposes an accuracy-related                 
          penalty in the amount of 20 percent of any portion of an                    
          underpayment attributable to negligence or disregard of rules or            
          regulations.  The term “negligence” is defined in section 6662(c)           
          as “any failure to make a reasonable attempt to comply with the             
          provisions of this title”.  “Negligence connotes a lack of due              
          care or a failure to do what a reasonable and prudent person                
          would do under the circumstances.”  Bunney v. Commissioner, 114             
          T.C. 259, 266 (2000); see also Allen v. Commissioner, 925 F.2d              
          348, 353 (9th Cir. 1991), affg. 92 T.C. 1 (1989); Freytag v.                
          Commissioner, 89 T.C. 849, 887 (1987), affd. 904 F.2d 1011 (5th             
          Cir. 1990), affd. 501 U.S. 868 (1991).  Negligence also includes            
          any failure by the taxpayer to keep adequate books and records or           
          to substantiate items properly.  See sec. 1.6662-3(b)(1), Income            
          Tax Regs.  The term “disregard” includes any careless, reckless,            
          or intentional disregard.  Sec. 6662(c); sec. 1.6662-3(b)(2),               
          Income Tax Regs.                                                            
               Section 6664(c)(1) provides that the accuracy-related                  
          penalty shall not be imposed with respect to any portion of an              
          underpayment if it is shown that a taxpayer acted in good faith             
          and that there was reasonable cause for the underpayment.  The              
          determination of whether a taxpayer acted with reasonable cause             
          and in good faith is made on a case by case basis, taking into              
          account all pertinent facts and circumstances.  See Compaq                  






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