Stewart L. and Patricia A. Welch - Page 7




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          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.                                                  






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