- 32 - 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 inPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011