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We hold that petitioner is not liable for the addition to
tax under section 6653(a) for any of the years at issue.
C. Accuracy-Related Penalty Under Section 6662
Section 6662, applicable to petitioner’s 1989 and 1990
years, authorizes the imposition of a 20-percent penalty for
specified types of misconduct, including negligence or disregard
of rules or regulations. Sec. 6662(a) and (b). Section 6662(c)
adopts the same definitions of “negligence” and “disregard” as
those utilized in section 6653 before its repeal.
Respondent contends that petitioner is liable for the
accuracy-related penalty for 1989 and 1990 due to her alleged
negligent record keeping and makes the same arguments with
respect to section 6662 that he made with respect to section
6653. Consequently, we incorporate by reference our discussion
of respondent’s arguments under section 6653,21 and we hold that
petitioner did not negligently fail to maintain required records,
as respondent contends.
21Neither party raised or addressed the issue of whether
both the addition to tax under sec. 6651 and the accuracy-related
penalty may be applied to the underpayment for a taxable year in
which the taxpayer failed to file a timely return. Consequently,
we do not discuss the issue even though it may provide an
alternative ground for decision.
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