John Robert Maguire - Page 16

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          avoid the negligence penalty, because petitioner failed to show             
          that his father had any expertise in tax matters.  See Allen v.             
          Commissioner, 925 F.2d 348, 353-354 (9th Cir. 1991), affg. 92               
          T.C. 1 (1989).                                                              
               Failure to keep adequate records is some evidence of                   
          negligence.  Marcello v. Commissioner, supra at 507;  Magnon v.             
          Commissioner, 73 T.C. 980, 1008 (1980).  Petitioner's records               
          were incomplete and in disarray.  At trial, petitioner offered              
          cancelled checks with few of the corresponding receipts.  These             
          records provided very little, if any, indication of how the                 
          cancelled checks related to the Harwichport property.  For                  
          example, the cancelled checks payable to the oil companies did              
          not indicate the items purchased, the dates of purchase, or where           
          the transactions took place.                                                
               The testimony of petitioner and his father gave the distinct           
          impression that petitioner kept no contemporaneous records of his           
          expenses.  Petitioner's testimony that he advertised no property            
          in the New York Times other than the Harwichport property was               
          incorrect.  Petitioner deducted items such as clock repair and              
          then offered nothing at trial that related the clock to the                 
          Harwichport property.  We conclude that the understatement is               
          attributable to negligence.                                                 
               We have addressed the items still in dispute that we can               
          discern from the record.  However, the record and the briefs in             
          this case leave much to be desired.  If items remain, we expect             




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