- 21 - 3. Accuracy-Related Penalty Section 6662(a) imposes an accuracy-related penalty of 20 percent of the portion of the underpayment which is attributable to negligence or disregard of rules or regulations. Sec. 6662(b)(1). Negligence is the lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). The term “disregard” includes any careless, reckless, or intentional disregard. Sec. 6662(c). No penalty shall be imposed if it is shown that there was reasonable cause for the underpayment and the taxpayer acted in good faith with respect to the underpayment. Sec. 6664(c). As to the penalty under section 6662(a), under RRA 1998, respondent has the burden of production, sec. 7491(c), but not the burden of proof. The requirements of RRA 1998 as to penalty provisions are discussed in detail in Higbee v. Commissioner, 116 T.C. (2001), and there is no reason to repeat that discussion here. Respondent has shown that petitioners have failed to keep adequate books and records and that such records as they have kept are inaccurate or exaggerated. Respondent also has demonstrated that petitioners’ claim that they were engaged in the Amway activity in 1996-1997 with a bona fide profit objective is erroneous and inappropriate in view of petitioners’ long andPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011