- 8 - of 20 percent of the portion of the underpayment which is attributable to negligence or disregard of rules or regulations. Sec. 6662(b)(1). Negligence is the “‘lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances.’” Neely v. Commissioner, 85 T.C. 934, 947 (1985) (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir. 1967), affg. in part and remanding in part 43 T.C. 168 (1964) and T.C. Memo. 1964-299). It includes any failure by the taxpayer to keep adequate books and records or to substantiate items properly. Sec. 1.6662-3(b)(1), Income Tax Regs. The term “disregard” includes any careless, reckless, or intentional disregard. Sec. 6662(c). No penalty shall be imposed if it is shown that there was reasonable cause for the underpayment and the taxpayer acted in good faith with respect to the underpayment. Sec. 6664(c). As noted above, we found that petitioners did not substantiate, during the examination or at trial, any of the amounts of disallowed Schedule A itemized deductions and Schedule C business expense deductions. Petitioner was an income tax return preparer during the year in issue. As an income tax return preparer, petitioner should have been aware of and understood the substantiation requirements for deductions claimed on the Schedules A and C. Because petitioners failed to offer any credible explanation for their lack of due care in preparing and filing their 1996Page: Previous 1 2 3 4 5 6 7 8 9 Next
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