- 7 - record as a whole, we find that no such loans or gifts were made to petitioners. We sustain respondent’s determination of unreported income. 2. Accuracy-related penalties Section 6662(a) and (b)(1) imposes an accuracy-related penalty equal to 20 percent of an underpayment of tax attributable to negligence or disregard of rules or regulations. As to the portion of the accuracy-related penalties determined in the notice of deficiency, petitioners bear the burden of proving that determination wrong. Rule 142(a); Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972). Respondent concedes that he bears the burden of proving the correctness of the accuracy-related penalties alleged in answer. Negligence includes a failure to attempt reasonably to comply with the Code, and disregard includes a careless, reckless, or intentional disregard. Sec. 6662(c). An underpayment is not attributable to negligence or disregard to the extent that the taxpayer shows that the underpayment is due to the taxpayer’s reasonable cause and good faith. See 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 to the disputed item. United States v. Boyle, 469 U.S. 241 (1985); see also Neonatology Associates P.A. v. Commissioner, supra at 98.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011