- 8 - everything was fine. He told us that everybody should be getting money back from the IRS. If you didn't, whoever would prepare them didn't prepare them right, your returns. He convinced us that everything was fine. He told us that there were limits that you could go up to, not to get in trouble with, not to do anything wrong with. He made sure that we were okay, that we asked him, you know, how is this going to come out later on? Are we going to get in trouble? What's going to happen? This is, you know, we weren't sure either. We didn't understand it. We were confused, too. And he made sure that everything was right. He made sure of it. Section 6662(a) provides for an accuracy-related penalty equal to 20 percent of any portion of an underpayment of tax required to be shown on the return that is attributable to the taxpayer's negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). Negligence consists of any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code and disregard consists of any careless, reckless, or intentional disregard. Sec. 6662(c). The courts have refined the Code definition of negligence as a lack of due care or failure to do what a reasonable and prudent person would do under similar circumstances. Allen v. Commissioner, 925 F.2d 348, 353 (9th Cir. 1991), affg. 92 T.C. 1 (1989). Section 1.6662-3(b)(1), Income Tax Regs., provides that "Negligence is strongly indicated where * * * a taxpayer fails to make a reasonable attempt to ascertain the correctness of a deduction * * * on a return whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011