Allie Ray McCullen and Shurley G. McCullen - Page 23

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               Negligence is a lack of due care or failure to do what a               
          reasonable and ordinarily prudent person would do under the                 
          circumstances.  Zmuda v. Commissioner, 731 F.2d 1417, 1422 (9th             
          Cir. 1984), affg. 79 T.C. 714 (1982); Neely v. Commissioner, 85             
          T.C. 934, 947 (1985).  Failure to keep adequate records is                  
          evidence of negligence.  Marcello v. Commissioner, 380 F.2d 499,            
          506-507 (5th Cir. 1967), affg. in part and remanding in part 43             
          T.C. 168 (1964) and T.C. Memo. 1964-299; Magnon v. Commissioner,            
          73 T.C. 980 (1980).  A taxpayer is required to maintain records             
          sufficient to correctly prepare his or her tax return.  Sec.                
          1.6001-1(a), Income Tax Regs.  Petitioners bear the burden of               
          proving that they are not liable for the accuracy-related                   
          penalty.  Rule 142(a).                                                      
               Petitioners concede that they should not have deducted                 
          interest paid by the corporation for each year in issue.  They              
          also concede that they commingled funds, had inadequate records,            
          and made accounting errors.  Petitioner did not coordinate                  
          petitioners' and the corporation's returns to avoid deducting the           
          same items twice.  Petitioner gave Sheffield summary sheets from            
          which Sheffield prepared petitioners' tax returns.  Sheffield did           
          not have books and records from petitioner's businesses.                    
          Petitioner used a different return preparer to prepare the                  
          corporate income tax returns.  Petitioner did not ensure that the           
          two preparers handled various items consistently.                           






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