- 10 - 1992-394. There is no indication in the record that the amounts disallowed were for clothing that could not be worn in an ordinary way. Respondent’s determinations are sustained. 5. Negligence.--Respondent determined that the omission from income of the so-called “gifts” and the deductions claimed on the Schedule C were due to negligence and that the penalty under section 6662(a) is applicable. Section 6662(a) imposes a penalty with respect “to any portion of an underpayment of tax required to be shown on a return” in an amount “equal to 20 percent of the portion of the underpayment to which this section applies.” Section 6662 applies, inter alia, to underpayments attributable to negligence or disregard of rules or regulations. See sec. 6662(b)(1). “Negligence” includes any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code, and “disregard” includes any careless, reckless, or intentional disregard. Sec. 6662(c). 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. Also, “‘Negligence is a lack of due care or the failure to do what a reasonable and ordinarily prudent person would do under the circumstances.’” Freytag v. Commissioner, 89 T.C. 849, 887 (1987) (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir. 1967), affg. on this issue 43 T.C. 168 (1964) and T.C. Memo. 1964-299), affd. 904 F.2d 1011 (5th Cir. 1990),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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