- 12 - penalty) increase in tax for the 1995 tax year. Petitioner offered no evidence on this adjustment and makes no argument that would show that respondent’s determination is in error. Accordingly, we hold that petitioner is liable for the $130 increase in tax and that respondent’s reclassification of the $1,300 from wage to pension income is sustained. Finally, we consider whether petitioner is liable for an accuracy-related penalty for failing to report the bonuses received during 1993, 1994, or 1995.4 Respondent determined that section 6662(a) applies and that petitioner is liable for a 20- percent accuracy-related penalty on the portion of the underpayment represented by the failure of petitioner to report her bonuses for 1993, 1994, or 1995. A taxpayer is negligent when he or she fails “‘to do what [a] reasonable and ordinarily prudent person would do under the circumstances.’” Korshin v. Commissioner, 91 F.3d 670, 672 (4th Cir. 1996) (quoting Schrum v. Commissioner, 33 F.3d 426, 437 (4th Cir. 1994), affg. in part, vacating and remanding in part on another ground T.C. Memo. 1993-124), affg. T.C. Memo. 1995-46. As pertinent here, “negligence” includes the failure to make a reasonable attempt to comply with the provisions of the 4 As a result of the inclusion of the bonuses in income some purely mathematical adjustments resulted due to an increase in petitioner’s adjusted gross income, which, in turn, caused a reduction in allowable itemized deductions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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