- 18 - petitioners' 1986 and 1987 returns, the revenue agent examined an expense diary for 1986. This diary and possibly other records as well were lost by Mr. Kelly in the course of an office move. The regulations provide an exception to the normal substantiation requirements where the taxpayer can establish that at one time he possessed adequate records and that his inability to produce them is attributable to fire, flood, or other casualty beyond his control. In such cases the taxpayer may satisfy his burden of proof by reasonably reconstructing his records. Sec. 1.274- 5(c)(5), Income Tax Regs. It is doubtful that loss of documentation in transit is a casualty beyond the taxpayer's control within the meaning of section 1.274-5(c)(5), Income Tax Regs. Gizzi v. Commissioner, 65 T.C. 342, 345 (1975); Silver v. Commissioner, T.C. Memo. 1972-102. In any event, Mr. Kelly has not attempted to reconstruct the lost records. 4(a) Additions to Tax for 1986 and 1987 Respondent determined that petitioners are liable for additions to tax for negligence under section 6653(a) for taxable years 1986 and 1987. Section 6653(a) provides for an addition to tax if any part of an underpayment of tax is attributable to negligence. The amount of the addition is 5 percent of the entire underpayment plus 50 percent of the interest payable with respect to the portion of the underpayment attributable to negligence. Sec. 6653(a)(1)(A) and (B). Negligence is definedPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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