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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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