Veronica L. Foster - Page 15




                                        - 14 -                                         
          Section 6662 Accuracy-Related Penalty                                        
               Respondent determined a 20-percent penalty under section                
          6662(a) on the underpayment of tax resulting from the disallowed             
          education expense deduction.  Respondent asserts that the                    
          underpayment is attributable to negligence or disregard of rules             
          or regulations.  See sec. 6662(b)(1).  For the purpose of section            
          6662, negligence includes any failure to make a reasonable                   
          attempt to comply with tax laws, and disregard includes any                  
          careless, reckless, or intentional disregard of rules or                     
          regulations.  Sec. 6662(c).                                                  
               Section 6664 provides a defense if a taxpayer establishes               
          that there was reasonable cause for the underpayment and that she            
          acted in good faith with respect to that portion.9  Sec.                     
          6664(c)(1); sec. 1.6664-4(a), Income Tax Regs.; see also United              
          States v. Boyle, 469 U.S. 241, 243 (1985); Higbee v.                         
          Commissioner, 116 T.C. at 448.  Although not defined in the Code,            
          “reasonable cause” is viewed in the applicable regulations as the            
          exercise of “ordinary business care and prudence”.  Sec.                     

               9 Petitioner’s counsel argued that the sec. 6662 accuracy-              
          related penalty should be reduced because substantial authority              
          exists to support petitioner’s deduction of her M.B.A. expenses,             
          citing sec. 6662(d)(2)(B)(i).  Counsel’s reliance on that section            
          is misplaced because sec. 6662(d) relates to accuracy-related                
          penalties imposed on substantial understatements of income tax               
          under sec. 6662(b)(2).  In this case, however, the misconduct for            
          which respondent seeks to impose the accuracy-related penalty is             
          negligence under sec. 6662(b)(1), not a substantial                          
          understatement under sec. 6662(b)(2).  Sec. 6662(d)(2)(B)(i) is              
          inapposite.                                                                  





Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: March 27, 2008