Karen Boyd - Page 9




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            for an accuracy-related penalty pursuant to section 6662(a) for                            
            the year in issue.  Section 6662(a) imposes a penalty 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 on another issue                           
            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).                                                           
                  At trial, petitioner testified that her accountant prepared                          
            her 1997 return based on receipts and “all kinds of stuff” she                             
            brought to him.  Although petitioner purportedly provided                                  
            documentation to her accountant, it remains her responsibility to                          
            provide information necessary to accurately prepare her return                             
            and to review the return prior to filing.  Moreover, her claim                             
            that she provided adequate documentation to her accountant is                              






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