Patrick G. & Valerie V. O'Malley - Page 40




                                        - 40 -                                         
          Accuracy-Related Penalty                                                     
               Respondent determined that petitioners are liable for each              
          of their taxable years 1999 and 2000 for the accuracy-related                
          penalty under section 6662(a) because of:  (1) Negligence or                 
          disregard of rules or regulations under section 6662(b)(1) or                
          (2) a substantial understatement of tax under section 6662(b)(2).            
               Section 6662(a) imposes an accuracy-related penalty equal to            
          20 percent of the underpayment to which section 6662 applies.                
          Section 6662 applies to the portion of any underpayment which is             
          attributable to, inter alia, (1) negligence or disregard of rules            
          or regulations, sec. 6662(b)(1), or (2) a substantial understate-            
          ment of tax, sec. 6662(b)(2).                                                
               The term “negligence” in section 6662(b)(1) includes any                
          failure to make a reasonable attempt to comply with the Code.                
          See sec. 6662(c).  Negligence has also been defined as a failure             
          to do what a reasonable person would do under the circumstances.             
          See Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992),             
          affg. T.C. Memo. 1991-179; Antonides v. Commissioner, 91 T.C.                
          686, 699 (1988), affd. 893 F.2d 656 (4th Cir. 1990).  The term               
          “disregard” includes any careless, reckless, or intentional                  
          disregard.  Sec. 6662(c).                                                    
               For purposes of section 6662(b)(2), an understatement is                
          equal to the excess of the amount of tax required to be shown in             
          the tax return over the amount of tax shown in such return.  See             







Page:  Previous  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  Next 

Last modified: November 10, 2007