Antonio O. Neal - Page 16




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          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 taxpayer                      







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