Edward C. Tietig - Page 45




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               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 kept                     






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