- 20 - We also reject petitioner's second argument that respondent's failure to "object" to petitioner's treatment of losses from the Cloudia during prior audit examinations proves that there was no negligence. Petitioner testified that the first audit during which this issue was raised was the audit that led to the subject notice of deficiency. Based upon these facts, we cannot draw the "inference" offered by petitioner that "the position adopted by Petitioner was not undertaken without due regard for the rules and regulations and was adequately disclosed." In this case, there is ample evidence of negligence. Petitioner kept no regular records or logs of his activities with respect to the Cloudia, he commingled funds from his business and personal activities, and he claimed the subject deductions despite the fact that he had no actual and honest objective of making a profit. Further, petitioner concedes the omission of $19,125 of income from his legal practice. Petitioner has offered no evidence to rebut respondent’s determination of negligence. Accordingly, we find that petitioner has not met his burden, and we sustain respondent’s determination of the section 6662 penalty. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
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