- 15 - to file was due to reasonable cause and not willful neglect. See Higbee v. Commissioner, supra at 447. Petitioner did not argue that his failure to file was due to reasonable cause, nor is there any evidence in the record to suggest that petitioner’s failure to file was due to reasonable cause. Accordingly, we sustain the additions to tax under section 6651(a)(1). III. Penalties for Underpayment of Tax Section 6662 provides that a taxpayer may be liable for a penalty of 20 percent of the portion of an underpayment of tax (1) attributable to a substantial understatement of tax or (2) due to negligence or disregard of rules or regulations. A substantial understatement of tax occurs where the understatement exceeds the greater of 10 percent of the tax required to be shown or $5,000. Sec. 6662(d)(1)(A). “Negligence” is defined as any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code and includes any failure by the taxpayer to keep adequate books and records or to substantiate items properly. Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs. “Disregard” includes any careless, reckless, or intentional disregard. Sec. 6662(c). A taxpayer may avoid the accuracy-related penalty with respect to any portion of an underpayment of tax if the taxpayer acted with reasonable cause and good faith under section 6664(c). The determination of whether the taxpayer acted withPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011