Darin Warfield and Sharon Hardin - Page 8

                                        - 7 -                                         
          Sec. 6662(b)(1).  For purposes of section 6662, the term                    
          “negligence” includes “any failure to make a reasonable attempt             
          to comply with the provisions of * * * [the Code], and the term             
          ‘disregard’ includes 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.            
               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, supra at 448.  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 the taxpayer’s efforts to assess his              
          proper tax liability, including the taxpayer’s reasonable and               
          good faith reliance on the advice of a professional such as an              
          accountant.”  Higbee v. Commissioner, supra at 448-449.                     
               Petitioners have failed to keep adequate records or to                 
          substantiate properly the items in question.  Respondent has                
          provided sufficient evidence to meet his burden of production.              
          Petitioners have not produced evidence to prove that respondent’s           
          determination of negligence is incorrect.  We hold that                     









Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011