Thomas and Janice Gleason - Page 38

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          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.           






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