Glenn A. Mortensen - Page 22

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          less probable than it would be without the evidence.”  While                
          certain of the exhibits and stipulated facts are given little to            
          no weight in our finding of ultimate facts in this case, we hold            
          that the exhibits and stipulated facts meet the threshold                   
          definition of “relevant evidence” under Federal Rule of Evidence            
          401, and that the exhibits and stipulated facts therefore are               
          admissible under Federal Rule of Evidence 402.  Accordingly, to             
          the extent that 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.                                                                   






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