John Robert Maguire - Page 15

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          and $50.90 paid on November 5, 1990, and December 26, 1990,                 
          respectively; and expenses for hardware items in the amounts of             
          $37.84 and $58.22 paid on November 5, 1990, and December 26,                
          1990, respectively.  Petitioner paid $29 to the Town of                     
          Harwichport on November 11, 1990, and we find that this payment             
          related to trash removal.  We conclude that these remaining items           
          are deductible in 1990.                                                     
               Respondent determined that petitioner is liable for a                  
          penalty pursuant to section 6662(a).  Section 6662(a) imposes a             
          penalty equal to 20 percent of the portion of the underpayment              
          which is attributable to negligence or disregard of rules or                
          regulations.                                                                
               Negligence is defined as the lack of due care or the failure           
          to do what a prudent person would do under the circumstances.               
          Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir. 1967),                
          affg. in part and remanding in part 43 T.C. 168 (1964); Neely v.            
          Commissioner, 85 T.C. 934, 937 (1985).  Petitioner must prove               
          that the negligence penalty does not apply.  Bixby v.                       
          Commissioner, 58 T.C. 757, 791 (1972).                                      
               Petitioner contends that he and his father meticulously                
          prepared his Federal income tax return for 1990.  Generally, the            
          duty of filing accurate returns cannot be avoided by placing                
          responsibility on an agent.  Metra Chem. Corp. v. Commissioner,             
          88 T.C. 654, 662 (1987); Enoch v. Commissioner, 57 T.C. 781, 802            
          (1972).  Petitioner cannot rely on the advice of his father to              




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