- 12 - the omission of the $30,000 withdrawal from petitioner’s retirement account. Respondent did not apply the accuracy- related penalty to the $3,900 depreciation adjustment. Respondent, in his answer, conceded that petitioners are not liable for the accuracy-related penalty with respect to the omission from income of the $30,000 withdrawal from petitioner’s retirement account. Section 6662(a) imposes a 20-percent accuracy-related penalty if any portion of an underpayment is attributable to negligence or disregard of rules or regulations or any substantial understatement of tax. Negligence is a lack of due care or failure to do what reasonable and prudent persons would do under the circumstances. Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir. 1967), affg. in part and remanding in part on another issue 43 T.C. 168 (1964). No penalty is imposed if it is shown that the taxpayer had reasonable cause and acted in good faith. Sec. 6664(c). A taxpayer may be considered to have good faith or to be reasonable if he relied on his accountant or attorney and that reliance was reasonable. See United States v. Boyle, 469 U.S. 241, 251 (1985). Petitioners contend that they relied on attorneys with respect to their pursuit of their daughter’s domestic relations litigation, but there is no showing that petitioners relied on professionals for their reporting position where they claimed thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011