Luis Acle, Jr. - Page 19

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          Schedule C gross receipts.  Respondent did not determine that               
          petitioner is liable for the accuracy-related penalty with respect          
          to any other adjustment in the notice of deficiency.                        
               Section 6662(a) imposes a 20-percent penalty on the portion            
          of an underpayment attributable to any one of various factors, one          
          of which is negligence or disregard of rules or regulations.  Sec.          
          6662(b)(1).  “Negligence” includes any failure to make a                    
          reasonable attempt to comply with the provisions of the Internal            
          Revenue Code, including any failure to keep adequate books and              
          records or to substantiate items properly.  Sec. 6662(c); sec.              
          1.6662-3(b)(1), Income Tax Regs.  Section 6664(c)(1) provides that          
          the penalty under section 6662(a) shall not apply to any portion            
          of an underpayment if it is shown that there was reasonable cause           
          for the taxpayer’s position and that the taxpayer acted in good             
          faith with respect to that portion.  The determination of whether           
          a taxpayer acted with reasonable cause and in good faith is made            
          on a case-by-case basis, taking into account all the pertinent              
          facts and circumstances.  Sec. 1.6664-4(b)(1), Income Tax Regs.             
          The most important factor is the extent of the taxpayer’s effort            
          to assess his proper tax liability for the year.  Id.                       
               It is clear that petitioner was negligent with respect to the          
          omission of the Schedule C income.  Petitioner did not keep                 
          adequate books and records or otherwise substantiate the amount of          
          income reported on his return, as required by the Internal Revenue          






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