- 45 - No preparer is listed in the signature block on any of the initial Federal income tax returns or the amended income tax returns for the years in issue. B. Discussion Respondent determined that petitioner is liable for an accuracy-related penalty under section 6662(a) for the years 1990, 1991, 1992, and 1993. Section 6662(a) imposes a penalty in an amount equal to 20 percent of the portion of the underpayment of tax attributable to a taxpayer’s negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). Section 6662(c) provides that the term “negligence” includes any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code, and the term “disregard” includes any careless, reckless, or intentional disregard of rules or regulations. The Commissioner’s determination that a taxpayer was negligent is presumptively correct, and the burden is on the taxpayer to show lack of negligence. Hall v. Commissioner, 729 F.2d 632, 635 (9th Cir. 1984), affg. T.C. Memo. 1982-337. Petitioner asserts that he relied upon Ms. Fox to prepare his Federal income tax returns. A taxpayer cannot avoid its duty to file accurate returns by shifting responsibility to its bookkeeper or its employee when the taxpayer makes an inadequate effort to see that the books and records are being keptPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011