- 38 - the tax returns and forms on which it purportedly relies. Furthermore, adjustments may be rendered necessary by the Court’s holdings on other issues. Thus, while we reject petitioners’ $2,800,000 for lack of evidence, we would expect that as part of the parties’ Rule 155 computations, revised calculations consistent with this opinion would retrace the basis of the exchanged Excellence shares. D. Accuracy-Related Penalty 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) of section 6662 then provides that among the causes justifying imposition of the penalty are: (1) Negligence or disregard of rules or regulations and (2) any substantial understatement of income tax. “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.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011