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On the facts before us, we conclude that petitioner has
failed to carry his burden of proof to establish that the
underpayment was due to reasonable cause and not negligence.
Petitioner has failed to maintain adequate books and records.
Further, he has failed to provide any documents or corroborative
evidence to substantiate any of the claimed expenses. Petitioner
gave the Court no explanation as to why he did not make any
attempts to reconstruct any records or receipts.
Petitioner is an attorney. He claims he has been in private
practice for several years. Although petitioner contends that he
lacks any proficiency with regard to the tax matters, we believe
that as a member of the legal profession, he should have
recognized the importance of substantiating his expenses.
Petitioner was given ample time and opportunity to procure and
reconstruct the necessary records and receipts. Petitioner chose
not to do so. Accordingly, petitioner is liable for the section
6662(a) accuracy-related penalties.
To reflect the foregoing,
Decision will be entered
under Rule 155.
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Last modified: May 25, 2011