Andras Hautzinger - Page 8

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          disregard of rules or regulations under section 6662(b)(1) or a             
          substantial understatement of income tax under section                      
          6662(b)(2).  Respondent has the burden of production under                  
          section 7491(c) with respect to that penalty.  To meet that                 
          burden, respondent must come forward with sufficient evidence               
          indicating that it is appropriate to impose the relevant penalty.           
          Higbee v. Commissioner, 116 T.C. 438, 446 (2001).                           
               For purposes of section 6662(a), the term "negligence"                 
          includes any failure to make a reasonable attempt to comply with            
          the Code, and the term "disregard" includes any careless, reck-             
          less, or intentional disregard.  Sec. 6662(c).  Negligence has              
          also been defined as a lack of care or failure to do what a                 
          reasonable person would do under the circumstances.  Leuhsler v.            
          Commissioner, 963 F.2d 907, 910 (6th Cir. 1992), affg. T.C. Memo.           
          1991-179; Antonides v. Commissioner, 91 T.C. 686, 699 (1988),               
          affd. 893 F.2d 656 (4th Cir. 1990).                                         
               The record establishes that petitioner attached Form 4563 to           
          his 1998 return, in which he claimed that he resided in American            
          Samoa throughout 1998.  The record further establishes petitioner           
          resided and worked in Johnston Island throughout that year.  On             
          the record before us, we find that respondent has satisfied                 
          respondent’s burden of production under section 7491(c) with                
          respect to the accuracy-related penalty under section 6662(a)               
          determined in the notice.                                                   






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