- 12 - substantiate items properly. Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs. Moreover, negligence is the failure to exercise due care or failure to do what a reasonable and prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Disregard includes any careless, reckless, or intentional disregard of rules or regulations. Sec. 6662(c); sec. 1.6662-3(b)(2), Income Tax Regs. No penalty will be imposed with respect to any portion of any underpayment if it is shown that there was a reasonable cause for such portion and that the taxpayer acted in good faith with respect to such portion. Sec. 6664(c). Under the facts of this case, section 6664(c) is not applicable. Petitioner’s recordkeeping practice of creating monthly lists from canceled checks simply is inadequate. Such actions are not those of a prudent and reasonable person in business. On this record, we conclude that petitioners were negligent and are liable for the accuracy-related penalties under section 6662 as determined by respondent for the taxable years in issue. We need not address other grounds for respondent’s determinations as to section 6662. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
Last modified: May 25, 2011