Joyce E. & Jerome G. Beery - Page 13

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          Disregard of rules or regulations is careless if the taxpayer               
          does not exercise reasonable diligence to determine the                     
          correctness of a return position that is contrary to the rule or            
          regulation.  Sec. 1.6662-3(b)(2), Income Tax Regs.  Negligence              
          also includes any failure by the taxpayer to keep adequate books            
          and records or to substantiate items properly.  See sec. 1.6662-            
          3(b)(1), Income Tax Regs.                                                   
               During the examination of petitioners’ 1998 and 1999 income            
          tax returns and at the trial, petitioners did not produce any               
          credible evidence to support the disputed NOL carryforward                  
          deductions and charitable contribution deductions.  Mr. Beery did           
          not testify that petitioners maintained adequate records or that            
          they ever had records to substantiate the disputed deductions.              
          Moreover, petitioners failed to present any colorable legal                 
          argument in support of their position that they were entitled to            
          deduct the asserted 1975 NOL carryforwards on their 1998 and 1999           
          returns.                                                                    
               Section 6662(a) and (b)(2) imposes a penalty equal to 20               
          percent of the portion of an underpayment attributable to any               
          substantial understatement of tax.  A substantial understatement            
          occurs when the amount of the understatement exceeds the greater            
          of 10 percent of the amount of tax required to be shown on the              
          return or $5,000.  See sec. 6662(d)(1).  The amount of an                   
          understatement on which the penalty is imposed will be reduced by           






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