Leo and Alla Goldberg - Page 62

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               “Negligence” includes a failure to make a reasonable attempt           
          to comply with the provisions of the internal revenue laws.  Sec.           
          6662(c); sec. 1.6662-3(b)(1), Income Tax Regs.  “Disregard”                 
          includes any careless, reckless, or intentional disregard of                
          rules or regulations.  Sec. 6662(c); sec. 1.6662-3(b)(2), Income            
          Tax Regs.                                                                   
               The section 6662 accuracy-related penalty does not apply               
          with respect to any portion of an underpayment if it is shown               
          that there was reasonable cause for such portion and that                   
          petitioners acted in good faith with respect to such portion.               
          Sec. 6664(c)(1).  The determination of whether petitioners acted            
          with reasonable cause and in good faith depends upon the                    
          pertinent facts and circumstances.  Sec. 1.6664-4(b)(1), Income             
          Tax Regs.  Petitioners have not established reasonable cause or             
          good faith reliance to excuse themselves from the penalties for             
          negligence or intentional disregard of rules or regulations.  See           
          Mack v. Commissioner, T.C. Memo. 1995-482.  Petitioners have                
          presented no evidence that their failure to file timely or to               
          report their income properly in 1990 or 1991 was due to anything            
          other than negligence or disregard of the tax laws.  See Rapp v.            
          Commissioner, 774 F.2d 932, 935 (9th Cir. 1985).                            
               Petitioners' failure to maintain and to produce reliable               
          records of their taxi business also supports a conclusion of                
          negligence.  Crocker v. Commissioner, 92 T.C. 899, 917 (1989);              
          Schroeder v. Commissioner, 40 T.C. 30, 34 (1963).  Thus,                    




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