James D. and Beverly H. Turner - Page 32

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               Section 6662(a) provides that if any portion of an                     
          underpayment is due to negligence, then a taxpayer will be liable           
          for a penalty equal to 20 percent of the underpayment that is               
          attributable to negligence.  “Negligence” is defined as “the lack           
          of due care or failure to do what a reasonable and ordinarily               
          prudent person would do” under the circumstances.  Niedringhaus             
          v. Commissioner, 99 T.C. 202, 221 (1992).  “Negligence” includes            
          a failure to make a reasonable attempt to comply with the                   
          provisions of the Internal Revenue Code.  Id.; sec. 1.6662-                 
          3(b)(1), Income Tax Regs.  Respondent concedes that he has the              
          burden of production with respect to the penalty.  In that                  
          regard, respondent “must come forward with sufficient evidence              
          indicating that it is appropriate to impose” the accuracy-related           
          penalty.  Higbee v. Commissioner, 116 T.C. 438, 446 (2001).                 
               Conversely, petitioners’ contend that they are not liable              
          for the section 6662 penalty because they satisfied all of the              
          reporting requirements for a contribution deduction with the                
          perfunctory exception that the donee did not sign the                       
          acknowledgment on the Form 8283.  Petitioners also contend that             
          there was no person in Fairfax County who was authorized to sign            
          the Form 8283.  However, petitioners’ failure to obtain a                   
          signature is not the sole basis for respondent’s determined                 
          penalty. As a basis to support the determined penalty,                      
          respondent places heavy reliance upon the invalid premise in                






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