-20- Negligence is defined as the failure to exercise the due care that a reasonable, prudent person would exercise under similar circumstances. Zmuda v. Commissioner, 731 F.2d 1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982); Neely v. Commissioner, 85 T.C. 934, 947 (1985). A taxpayer has the burden of proving that respondent's determination is in error. Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982). Petitioners claimed numerous Schedule A and Schedule C expenses on their 1989 and 1990 returns. At trial, they substantially reduced the amount of the deduction for most of these expenses. For the most part, their documentation to substantiate these expenses was lacking. Indeed, petitioners presented no documentary evidence to support their claim of $7,174 in miscellaneous itemized deductions for 1990. Considering all the facts, we find that petitioners were negligent and disregarded rules and regulations in preparing their 1989 and 1990 returns. Thus, we sustain respondent's determination that petitioners are liable for the accuracy-related penalty on the amount of the underpayment for 1989 and 1990. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011