- 15 - section 6662(a) accuracy-related penalty for the reasons discussed hereinafter. Section 6662(a) applies to any portion of an underpayment of tax required to be shown on a return in an amount equal to 20 percent of the portion of the underpayment to which section 6662 applies. Section 6662(b)(1) provides that the penalty shall apply to any underpayment attributable to negligence or disregard of rules or regulations. Section 6662(c) provides that the term “negligence” includes any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue laws, and the term “disregard” includes any careless, reckless, or intentional disregard of rules or regulations. Negligence is the lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Negligence frequently takes the form of overstated deductions. Alberico v. Commissioner, T.C. Memo. 1995-542. Overstatement of deductions can reflect the taxpayer’s inability to maintain adequate records; this inadequacy alone may be grounds for imposing the penalty. Id. A taxpayer is required to maintain records sufficient to establish information provided on a tax return. Id. Failure to maintain records to substantiate claimed deductions is evidence, therefore, of taxpayerPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008