- 34 - B. Accuracy-Related Penalties Respondent determined that Sparkman is liable for section 6662(a) accuracy-related penalties for all years at issue. Section 6662(a) imposes a 20-percent accuracy-related penalty on any portion of a tax underpayment that is attributable to, among other things, negligence or disregard of rules and regulations. Negligence includes a failure to make a reasonable attempt to comply with the tax code, to exercise ordinary care in preparing a tax return, or to substantiate items properly on a tax return. Sec. 1.6662-3(b)(1), Income Tax Regs. The evidence shows that Sparkman failed to report income from his Mercury Solar business (specifically, $113,354 of income from HECO rebate payments), which he purported to transfer to a sham trust, and claimed losses from HEH that he has failed to substantiate. We find that the resulting understatements of Sparkman’s income for all years at issue are attributable to Sparkman’s negligence in failing to ascertain his correct income tax liability and in failing to substantiate claimed deductions. Accordingly, respondent has met his burden of production pursuant to section 7491(c). The section 6662 accuracy-related penalty is inapplicable to the extent the taxpayer has reasonable cause and acted in good faith. Sec. 6664(c)(1). This determination is made considering all relevant facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. “Generally, the most important factor is the extent of the taxpayer’s effort to assess the taxpayer’s proper taxPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011