Paul A. Rendina and Janet Mae Rendina - Page 27

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          Section 6653(a)(3) defines “negligence” as including any failure            
          to make a reasonable attempt to comply with the provisions of the           
          Code.  Petitioner has the burden of proving that respondent’s               
          determination of the addition to tax for negligence is erroneous.           
          Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982).            
               Negligence is defined as the lack of due care or the failure           
          to do what a reasonable and ordinarily prudent person would do              
          under similar circumstances.  Anderson v. Commissioner, 62 F.3d             
          1266, 1271 (10th Cir. 1995), affg. T.C. Memo. 1993-607; Norgaard            
          v. Commissioner, 939 F.2d 874, 880 (9th Cir. 1991), affg. in part           
          and revg. in part on other grounds T.C. Memo. 1989-390.  A                  
          taxpayer’s failure to maintain adequate books and records is                
          sufficient to establish negligence.  Sec. 6001; Zafiratos v.                
          Commissioner, T.C. Memo. 1992-135, affd. without published                  
          opinion 993 F.2d 880 (3d Cir. 1993); Moran v. Commissioner, T.C.            
          Memo. 1981-352.                                                             
               Petitioner has been a certified public accountant for many             
          years and was aware of the requirement that complete and accurate           
          books and records be maintained with respect to WSAI’s activities           
          and any distributions from WSAI to petitioner.  As an accountant,           
          petitioner was also aware of his requirement to verify and                  
          document the value of the condominium units distributed to him.             
          See Henry Schwartz Corp. v. Commissioner, 60 T.C. 728, 740                  
          (1973); D’Arcangelo v. Commissioner, T.C. Memo. 1994-572.  A                





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