Gary D. and Johnean F. Hansen - Page 22

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          the Court did not overrule the relevancy objections at trial, we            
          do so here.                                                                 
          II.  The Section 6662(a) Accuracy-Related Penalty                           
               Section 6662(a) imposes an addition to tax of 20 percent 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(a) and (b)(1).  “Negligence” includes              
          any failure to make a reasonable attempt to comply with the                 
          provisions of the Internal Revenue Code, and “disregard of rules            
          or regulations” includes any careless, reckless, or intentional             
          disregard.  Sec. 6662(c).  The regulations under section 6662               
          provide that negligence is strongly indicated where:                        
               A taxpayer fails to make a reasonable attempt to ascertain             
               the correctness of a deduction, credit or exclusion on a               
               return which would seem to a reasonable and prudent person             
               to be “too good to be true” under the circumstances * * * .            
          Sec. 1.6662-3(b)(1)(ii), Income Tax Regs.                                   
               Negligence is defined as the “‘lack of due care or failure             
          to do what a reasonable or ordinarily prudent person would do               
          under the circumstances.’”  Neely v. Commissioner, 85 T.C. 934,             
          947 (1985) (quoting Marcello v. Commissioner, 380 F.2d 499, 506             
          (5th Cir. 1967), affg. in part and remanding in part on another             
          ground 43 T.C. 168 (1964)); see Allen v. Commissioner, 925 F.2d             
          348, 353 (9th Cir. 1991), affg. 92 T.C. 1 (1989).  Negligence is            
          determined by testing a taxpayer’s conduct against that of a                
          reasonable, prudent person.  Zmuda v. Commissioner, 731 F.2d                





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