- 52 - by petitioner for a contrary holding as to this issue. We also disagree with petitioner’s reading of the above quoted provision of its articles of incorporation to impose upon its board a short time to redeem a shareholder’s stock should the board desire to do so. We read nothing in the quoted provision that sets a time limitation on the board’s ability to redeem stock. 3. Accuracy-Related Penalties Respondent determined that petitioner was liable for accuracy-related penalties under section 6662(a) and (b)(1) for negligence or intentional disregard of rules and regulations. Petitioner argues that it is not liable for these penalties because it relied reasonably on its accountants’ advice in preparing its returns. We agree with petitioner. As relevant herein, section 6662(a) and (b)(1) imposes a 20-percent accuracy-related penalty on the portion of an underpayment that is due to negligence or intentional disregard of rules or regulations. Negligence includes a failure to attempt reasonably to comply with the Code. Sec. 6662(c). Disregard includes a careless, reckless, or intentional disregard. Id. A section 6662(a) accuracy-related penalty shall not be imposed to the extent that the taxpayer shows that an underpayment is due to the taxpayer’s having reasonable cause and acting in good faith. Sec. 6664(c); secs. 1.6662-3(a), 1.6664-4(a), Income Tax Regs. Reasonable cause requires that the taxpayer have exercised ordinary business care and prudence as toPage: 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