- 25 - is not entitled to claim head of household filing status for that year. See Zampini v. Commissioner, T.C. Memo. 1991-395. V. Section 6662(a) Penalty Section 6662(a) provides for a penalty equal to 20 percent of the underpayment in tax attributable to, among other things, negligence or disregard of rules or regulations (without distinction, negligence). See sec. 6662(b)(1). The penalty for negligence will not apply to an underpayment in tax to the extent that the taxpayer can show both reasonable cause and that the taxpayer acted in good faith. See sec. 6664(c)(1). Negligence “includes any failure to make a reasonable attempt to comply with the provisions of the internal revenue laws or to exercise ordinary and reasonable care in the preparation of a tax return.” Sec. 1.6662-3(b)(1), Income Tax Regs. It “also includes any failure by the taxpayer to keep adequate books and records or to substantiate items properly.” Id. Respondent bears the burden of producing evidence warranting imposition of the section 6662(a) penalty. See sec. 7491(c). Although we have found that petitioner is not entitled to a Schedule A deduction for unreimbursed employee business expenses, a deduction for certain substantiated expenditures listed on Schedule C, or head of household filing status, in each case the issue involved close questions of fact. As a result, we find that those return positions did not constitute negligence withinPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011