- 14 - petitioner’s Schedule C; therefore, we sustain respondent’s determination with respect to depreciation.3 E. Accuracy-Related Penalty Respondent determined that petitioners are liable for an accuracy-related penalty under section 6662(a). Section 6662(a) imposes an accuracy-related penalty equal to 20 percent of the portion of an underpayment that is attributable to, among other things, negligence. Petitioners will avoid this penalty if the record shows that they were not negligent; i.e., they made a reasonable attempt to comply with the provisions of the Code and they were not careless, reckless, or in intentional disregard of rules or regulations. See sec. 6662(c); Keeler v. Commissioner, 243 F.3d 1212, 1221 (10th Cir. 2001), affg. Leema Enters., Inc. v. Commissioner, T.C. Memo. 1999-18. Negligence connotes a lack of due care or failure to do what a reasonable and prudent person would do under the circumstances. See Allen v. Commissioner, 92 T.C. 1 (1989), affd. 925 F.2d 348 (9th Cir. 1991). An 3As noted above, on Nov. 30, 2005, CID agents executed simultaneous search warrants at petitioner’s business and the payroll company, and respondent has remained in possession of those materials through the date of trial. The record does not provide support that this circumstance impaired petitioners’ preparations for and offering of evidence at trial. In fact, after this case was set for trial, respondent moved for continuance, but petitioners opposed that motion; and the request for continuance was denied. Further, Perez testified that the information she had used to prepare petitioner’s Schedule C came from the Quickbooks accounting system that she used and that she had been able to restore that information from Quickbooks files backups that had not been seized.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007