- 5 - preparer, Robin Beltran, and had no reasonable basis in law or in fact, as addressed later in this opinion. Petitioners virtually admitted that in their testimony. The Court is, nevertheless, satisfied that petitioners made some contributions during the years in question. In the absence of more convincing evidence, the Court, on this record, allows petitioners a deduction of $300 for each of the years in question. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). Petitioners contend they should be absolved of liability for the section 6662(a) penalties because they relied on the representations of their return preparer. 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 indicatedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011