Kondamodi S. Rao and B. Satyaveni Rao - Page 25

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          the taxpayer acted in good faith.  Petitioners have the burden of           
          persuading the Court that in refusing to waive this addition to             
          tax, respondent has exercised this discretion "arbitrarily,                 
          capriciously, or without sound basis in fact."  Mailman v.                  
          Commissioner, 91 T.C. 1079, 1084 (1988).  In determining whether            
          petitioners had reasonable cause and acted in good faith, the               
          Court primarily looks to the extent of the taxpayers' efforts to            
          assess their proper tax liability. Id. at 1084; sec. 1.6661-6(b),           
          Income Tax Regs.                                                            
               Petitioners attempt to blame their accountant for all their            
          underreporting.  The cause of petitioners' problems is an absence           
          of record keeping and an unexplained failure to provide even the            
          most basic documentary evidence, such as canceled checks, Forms             
          1098, invoices, and promissory notes.  These shortcomings are not           
          the fault of petitioners' accountant; he was not hired to perform           
          these services.  Dr. Rao testified that he did not even examine             
          the tax returns before signing them; he cannot now claim that               
          such action is reasonable and in good faith.  We hold that the              
          Commissioner did not abuse her discretion in not waiving the                
          substantial understatement addition to tax under section 6661.              
          5.  Negligence                                                              
               For 1986 and 1987, section 6653(a)(1)(A) generally imposes             
          an addition to tax equal to 5 percent of the entire underpayment            
          if any part of it was due to negligence or disregard of rules or            






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