- 23 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011