Christopher A. Boyko and Roberta A. Boyko - Page 19

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               Negligence has been defined as a "lack of due care or a                
          failure to do what a reasonable person would do under the                   
          circumstances."  Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th           
          Cir. 1992), affg. T.C. Memo. 1991-179.  Respondent's                        
          determination of negligence is presumed to be correct, and the              
          taxpayer has the burden of proving that the determination is                
          erroneous.  Rule 142(a).  Therefore, petitioner must prove that             
          he was not negligent; i.e., that he made a reasonable attempt to            
          comply with the provisions of the Internal Revenue Code, and that           
          he was not careless, reckless, or in intentional disregard of               
          rules or regulations.  Sec. 6662(b) and (c).                                
               We sustain respondent's determination.  In determining                 
          whether petitioner was negligent in the preparation of his                  
          return, we take into account petitioner's years of legal                    
          experience.  Glenn v. Commissioner, T.C. Memo. 1995-399, affd.              
          without published opinion 103 F.3d 129 (6th Cir. 1996).  Beyond             
          his own assertions, petitioner has offered no evidence to showing           
          that respondent's negligence determination was in error.                    
          Accordingly, petitioners are liable for the section 6662(a)                 
          penalty.                                                                    
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        under Rule 155.                               
                                                                                     





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