Perry Alan Pedersen - Page 7




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          reckless, or intentional disregard.”  Id.  Under caselaw,                   
          “‘Negligence is a lack of due care or the failure to do what a              
          reasonable and ordinarily prudent person would do under the                 
          circumstances.’”  Freytag v. Commissioner, 89 T.C. 849, 887                 
          (1987) (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th            
          Cir. 1967), affg. on this issue 43 T.C. 168 (1964) and T.C. Memo.           
          1964-2990), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S.             
          868 (1991).                                                                 
               There is a “substantial understatement” of income tax for              
          any taxable year where the amount of the understatement exceeds             
          the greater of (1) 10 percent of the tax required to be shown on            
          the return for the taxable year or (2) $5,000.                              
          Sec. 6662(d)(1)(A)(i) and (ii). However, the amount of the                  
          understatement is reduced to the extent attributable to an item             
          (1) for which there is or was substantial authority for the                 
          taxpayer’s treatment thereof, or (2) with respect to which the              
          relevant facts were adequately disclosed on the taxpayer’s return           
          or an attached statement and there is a reasonable basis for the            
          taxpayer’s treatment of the item.  See sec. 6662(d)(2)(B).                  
               There is an exception to the section 6662(a) penalty when a            
          taxpayer can demonstrate (1) reasonable cause for the                       
          underpayment and (2) that the taxpayer acted in good faith with             
          respect to the underpayment.  Sec. 6664(c)(1).  Regulations                 
          promulgated under section 6664(c) further provide that the                  







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