Michael W. Keller - Page 19

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          comply with the provisions of the Internal Revenue Code.  Sec.              
          6662(c).  The regulations under section 6662 provide that                   
          negligence is strongly indicated where a taxpayer “fails to make            
          a reasonable attempt to ascertain the correctness of a deduction,           
          credit or exclusion on a return which would seem to a reasonable            
          and prudent person to be ‘too good to be true’ under the                    
          circumstances”.  Sec. 1.6662-3(b)(1)(ii), Income Tax Regs.                  
               Negligence is defined as the “‘lack of due care or failure             
          to do what a reasonable or ordinarily prudent person would do               
          under the circumstances.’”  Neely v. Commissioner, 85 T.C. 934,             
          947 (1985) (quoting Marcello v. Commissioner, 380 F.2d 499, 506             
          (5th Cir. 1967), affg. in part and remanding in part on another             
          ground 43 T.C. 168 (1964)); see Allen v. Commissioner, 925 F.2d             
          348, 353 (9th Cir. 1991), affg. 92 T.C. 1 (1989).  Negligence is            
          determined by testing a taxpayer’s conduct against that of a                
          reasonable, prudent person.  Zmuda v. Commissioner, 731 F.2d                
          1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982).  Courts               
          generally look both to the underlying investment and to the                 
          taxpayer’s position taken on the return in evaluating whether the           
          taxpayer was negligent.  Sacks v. Commissioner, 82 F.3d 918, 920            
          (9th Cir. 1996), affg. T.C. Memo. 1994-217.  When an investment             
          has such obviously suspect tax claims as to put a reasonable                
          taxpayer under a duty of inquiry, a good faith investigation of             
          the underlying viability, financial structure, and economics of             






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