Ara Eresian and Evelyn Eresian - Page 10

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          are, therefore, liable for the addition to tax for substantial              
          understatement as determined by respondent.                                 
               Respondent determined an addition to tax for negligence                
          under section 6653(a)(1) for 1988 in the amount of $1,425 and an            
          accuracy-related penalty for negligence under section 6662 for              
          1989 in the amount of $910.  Section 6662(a) imposes a 20-percent           
          accuracy-related penalty based upon any portion of an                       
          underpayment of tax required to be shown on a return if, as                 
          provided in section 6662(b), the underpayment is attributable,              
          among other things, to negligence or disregard of rules or                  
          regulations, or any substantial understatement of income tax.               
          Section 6662(c) includes in the definition of "negligence" any              
          failure to make a reasonable attempt to comply with the Internal            
          Revenue title.  Petitioners have the burden of proof.  Bixby v.             
          Commissioner, 58 T.C. 757 (1972); see Grzegorzewski v.                      
          Commissioner, T.C. Memo. 1995-49.  They have failed to present              
          any evidence refuting respondent's determination of negligence.             
          Respondent's determination of negligence is sustained.                      
               To reflect the above,                                                  
                                             Decision will be entered for             
                                        respondent.                                   










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