- 15 - attempt to comply with the provisions of the Internal Revenue Code, and the term “disregard” includes any careless, reckless, or intentional disregard. Under section 6664(c), the accuracy- related penalty of section 6662 does not apply to the extent there is reasonable cause for, and the taxpayer acted in good faith with respect to, the underpayment. Bearing in mind that we are evaluating the reasonableness of respondent’s assertion of the penalty,10 rather than the applicability of the penalty itself, we nonetheless conclude that respondent’s position on the penalty issue was not reasonable. As discussed above, the determination of whether a discharge of indebtedness has occurred for tax purposes is extremely fact specific. When respondent issued his notice of deficiency (and again when he filed his answer in the judicial proceeding), he was aware of the conflicting evidence with respect to the discharge of indebtedness issue. While we have found that such conflicting evidence did not render unreasonable respondent’s decision to continue to pursue that issue, we conclude otherwise with regard to respondent’s decision to pursue the negligence penalty. Cf. Mitchell v. Commissioner, T.C. Memo. 2000-145 10 We assume for these purposes that respondent asserted the penalty on the ground that petitioners were negligent. The alternative standard (i.e., disregard of rules or regulations) contemplates a specific statutory or administrative rule that is contrary to the taxpayer’s reporting position, see sec. 1.6662- 3(b)(2), Income Tax Regs., a circumstance which does not appear to be present here.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011