- 8 - petitioner’s tax-protester arguments as frivolous and without merit. III. Section 6662 Penalty Respondent contends petitioner is liable for a section 6662 penalty because the underpayment of tax was attributable to negligence or disregard of rules or regulations. Section 6662(a) imposes a 20-percent accuracy-related penalty on the portion of any underpayment attributable to negligence or disregard of rules or regulations. Sec. 6662(b). The term “negligence” includes any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code, including any failure by the taxpayer to keep adequate books and records or to properly substantiate items, and the term “disregard” includes any careless, reckless, or intentional disregard. Sec. 6662(c); sec. 1.6662-3(b), Income Tax Regs. Section 7491(c) provides that the Commissioner bears the burden of production with respect to accuracy-related penalties. See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). Although petitioner reported business costs incurred from the operation of a computer software business in 2003, the evidence shows that he was not carrying on a computer software business in 2003. He failed to keep adequate books and records and properly substantiate the reported expenses. Accordingly, he was not entitled to the claimed business deductions.Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007