11 underpayment that is attributable to negligence or disregard of rules or regulations. Under section 6662(c), negligence includes any failure to make a reasonable attempt to comply with the law and the term "disregard" includes any careless, reckless, or intentional disregard. Failure to maintain adequate records may constitute negligence. Schroeder v. Commissioner, 40 T.C. 30, 34 (1963); Johnson v. Commissioner, T.C. Memo. 1991-346, affd. without published opinion 8 F.3d 811 (3d Cir. 1993). As noted, it is the responsibility of petitioner to maintain books and records sufficient to accurately establish the amount of his deductions. Sec. 6001. Petitioner failed to maintain organized records and receipts of the expenses claimed on his returns for the years at issue, clearly claimed deductions for items of a personal nature, and did not present any evidence with respect to his liability for the above addition and penalty. We conclude that petitioner is liable for the addition to tax under section 6653(a) and the accuracy-related penalty under section 6662 as determined by respondent. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011