- 8 - any careless, reckless, or intentional disregard.” Sec. 6662(c). “Negligence” also includes any failure by a taxpayer to keep adequate books and records or to substantiate items properly. Sec. 1.6662-3(b), Income Tax Regs. Section 6662(d)(1)(A) provides that there is a substantial understatement of income tax for any taxable year if the amount of the understatement for the taxable year exceeds the greater of: (1) 10 percent of the tax required to be shown on the return for the taxable year, or (2) $5,000. The term “understatement” means the amount of tax required to be shown on the return for the taxable year, over the amount of tax imposed which is shown on the return, reduced by any rebate. Sec. 6662(d)(2)(A). All of the adjustments determined in the notice of deficiency have been conceded or sustained. Petitioner’s return reported a tax of $1,046. The amount of the deficiency is $6,225. An accuracy-related penalty is not imposed with respect to any portion of the underpayment as to which the taxpayer acted with reasonable cause and in good faith. Sec. 6664(c)(1); see Higbee v. Commissioner, 116 T.C. 438, 448 (2001). This determination is made based on all the relevant facts and circumstances. Higbee v. Commissioner, supra at 448; sec. 1.6664-4(b)(1), Income Tax Regs. “Relevant factors include thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011