Matthew P. Brown - Page 9

                                        - 8 -                                         
          establish the amount of the expense, the time and place of each             
          use, and the business purpose of the use of the Honda and Nissan.           
          Respondent is sustained on this issue.                                      
          Accuracy-Related Penalty                                                    
               Respondent determined that petitioner is liable for the                
          accuracy-related penalties under section 6662(a) for 2001 and               
          2002.  The accuracy-related penalty is equal to 20 percent of any           
          portion of an underpayment of tax required to be shown on the               
          return that is attributable to the taxpayer’s negligence or                 
          disregard of rules or regulations.  Sec. 6662(a) and (b)(1).                
          “Negligence” consists of any failure to make a reasonable attempt           
          to comply with the provisions of the Internal Revenue Code and              
          also includes any failure to keep adequate books and records or             
          to substantiate items properly.  Sec. 6662(c); sec. 1.6662-                 
          3(b)(1), Income Tax Regs.  “Disregard” consists of any careless,            
          reckless, or intentional disregard.  Sec. 6662(c).                          
               An exception applies to the accuracy-related penalty when              
          the taxpayer demonstrates (1) there was reasonable cause for the            
          underpayment, and (2) he acted in good faith with respect to such           
          underpayment.  Sec. 6664(c).  Whether the taxpayer acted with               
          reasonable cause and in good faith is determined by the relevant            
          facts and circumstances.  The most important factor is the extent           
          of the taxpayer’s effort to assess his proper tax liability.                
          Stubblefield v. Commissioner, T.C. Memo. 1996-537; sec. 1.6664-             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011