James K. Wise and Claudia R. Wise - Page 23

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          T.C. 934, 947 (1985) (quoting Marcello v. Commissioner, 380 F.2d            
          499, 506 (5th Cir. 1967), affg. in part and remanding in part 43            
          T.C. 168 (1964)).  The taxpayer has the burden of proving that              
          the Commissioner's determination of the additions to tax under              
          section 6653(a) is erroneous.  Rule 142(a); Bixby v. Commis-                
          sioner, 58 T.C. 757 (1972).                                                 
               Petitioners have not presented evidence to establish that              
          they were not negligent or did not disregard rules or                       
          regulations.  Petitioners did not maintain records, as required             
          by law, and failed to sustain their burden of proof on the                  
          disputed issues.  On this record, we sustain respondent's                   
          determination that petitioners are liable for the additions to              
          tax under section 6653(a).                                                  
               To reflect the foregoing,                                              


                                             Decision will be entered                 
                                        under Rule 155.                               

















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