Imre and Gizella Cziraki - Page 9

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               Negligence includes any careless, reckless, or intentional             
          disregard of rules and regulations, any failure to make a                   
          reasonable attempt to comply with the provisions of the law, and            
          any failure to exercise ordinary and reasonable care in the                 
          preparation of a tax return.  Zmuda v. Commissioner, 731 F.2d               
          1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982).  To prevail           
          on the issue of negligence, petitioners must prove that their               
          actions in connection with this transaction were reasonable in              
          light of their experience and business sophistication.  Hoffpauir           
          v. Commissioner, T.C. Memo. 1996-41; Avellini v. Commissioner,              
          T.C. Memo. 1995-489.  If a taxpayer acts in good faith and with             
          reasonable cause, he or she will not be liable for the addition             
          to tax for negligence.  Sec. 6664(c); see Collins v.                        
          Commissioner, 857 F.2d 1383, 1386 (9th Cir. 1988), affg. Dister             
          v. Commissioner, T.C. Memo. 1987-217.                                       
              Respondent asserted accuracy-related penalties based on all            
          the adjustments made in the notice of deficiency.  Petitioners              
          have conceded the penalty as to all adjustments, with the                   
          exception of the adjustment to the casualty loss.4  Petitioners             
          have no tax or accounting backgrounds.  We also note that                   
          petitioners' property did sustain extensive damage.  Petitioners’           
          return was prepared by their accountant, upon whom they relied.             

               4  Since petitioners have failed to address the accuracy-              
          related penalty with respect to the other adjustments, we treat             
          this as a concession by petitioners and find for respondent.                
          Theodore v. Commissioner, 38 T.C. 1011, 1041 (1962).                        




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