Sue Taylor - Page 34

                                       - 34 -                                         
         understatement of income tax.  Sec. 6662(b).  An “understatement”            
         is defined as the excess of 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).                                                          
              Section 6662(c) and section 1.6662-3(b)(1), Income Tax                  
         Regs., define “negligence” as including any failure to make a                
         reasonable attempt to comply with the Code and define the term               
         “disregard” as including any “careless, reckless, or intentional             
         disregard”.  Negligence is a “lack of due care or failure to do              
         what a reasonable and ordinarily prudent person would do under               
         the circumstances.”  Marcello v. Commissioner, 380 F.2d 499, 506             
         (5th Cir. 1967), affg. on this issue 43 T.C. 168 (1964) and T.C.             
         Memo. 1964-299; ASAT, Inc. v. Commissioner, 108 T.C. 147, 175                
         (1997); Neely v. Commissioner, 85 T.C. 934, 947 (1985).                      
         A substantial understatement of income tax exists for an                     
         individual where the amount of the understatement exceeds the                
         greater of (1) 10 percent of the tax required to be shown on the             
         return or (2) $5,000.  Sec. 6662(d)(1)(A).                                   
              The amount of the understatement shall be reduced by that               
         portion of the understatement attributable to the tax treatment              
         of any item by the taxpayer if there is or was substantial                   
         authority for such treatment or as to any item if (1) “the                   
         relevant facts affecting the item’s tax treatment are adequately             






Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011