Jesse Emmit and Marjorie A. Rupert - Page 12




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          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 the           






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