Joseph A. and Sari F. Deihl - Page 73

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          V.  Accuracy-Related Penalties                                              
               Subsection (a) of section 6662 imposes an accuracy-related             
          penalty in the amount of 20 percent of any underpayment that is             
          attributable to causes specified in subsection (b).  Subsection             
          (b)(1) of section 6662 then provides that among the causes                  
          justifying imposition of the penalty is negligence or disregard             
          of rules or regulations.                                                    
               “Negligence” is defined in section 6662(c) as “any failure             
          to make a reasonable attempt to comply with the provisions of               
          this title”, and “disregard” as “any careless, reckless, or                 
          intentional disregard.”  Caselaw similarly states that                      
          “‘Negligence is a lack of due care or the failure to do what a              
          reasonable and ordinarily prudent person would do under the                 
          circumstances.’”  Freytag v. Commissioner, 89 T.C. 849, 887                 
          (1987) (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th            
          Cir. 1967), affg. on this issue 43 T.C. 168 (1964) and T.C. Memo.           
          1964-299), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S.              
          868 (1991).  Pursuant to regulations, “‘Negligence’ also includes           
          any failure by the taxpayer to keep adequate books and records or           
          to substantiate items properly.”  Sec. 1.6662-3(b)(1), Income Tax           
          Regs.                                                                       
               An exception to the section 6662(a) penalty is set forth in            
          section 6664(c)(1) and reads:  “No penalty shall be imposed under           
          this part with respect to any portion of an underpayment if it is           






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