Alvin S. Kanofsky - Page 15

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          underpayment respondent determined appears, on its face, to be a            
          “substantial understatement” within the meaning of section                  
          6662(d)(1)), the only issue respondent raised on brief is whether           
          petitioner’s 1997 underpayment is attributable to “negligence or            
          disregard of rules or regulations.”7                                        
               Section 6662(c) defines the term “negligence”, for purposes            
          of section 6662, as including “any failure to make a reasonable             
          attempt to comply with the provisions of this title”, and the               
          term “disregard” as including “any careless, reckless, or                   
          intentional disregard.”  Negligence has been generally defined as           
          lack of due care or failure to do what a reasonably prudent                 
          person would do under like circumstances.  See, e.g., Hofstetter            
          v. Commissioner, 98 T.C. 695, 704 (1992).  It “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.                                                                       
               Section 6664(c)(1) provides that the accuracy-related                  
          penalty shall not be imposed with respect to any portion of an              
          underpayment if it is shown that there was reasonable cause for             
          that portion and the taxpayer acted in good faith with respect to           
          that portion.                                                               


               7  Therefore, we consider respondent to have abandoned the             
          substantial understatement argument.  See Bernstein v.                      
          Commissioner, 22 T.C. 1146, 1152 (1954), affd. 230 F.2d 603 (2d             
          Cir. 1956); Lime Cola Co. v. Commissioner, 22 T.C. 593, 606                 
          (1954); Roberts v. Commissioner, T.C. Memo. 1996-225.                       




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