- 16 - to that portion of the underpayment resulting from negligence or intentional disregard of rules and regulations. Negligence is defined as a lack of due care or failure to do what a reasonable and prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Petitioner bears the burden of showing that he was not negligent. Rule 142(a); Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972). Petitioner did not contend, either at trial or on brief, that his failure to file returns was due to reasonable cause or that his actions were reasonable. On this record, we find that petitioner is liable for additions to tax for failure to file and negligence for the years indicated above. In addition, we find that petitioner is liable for additions to tax under section 6654 as determined by respondent. 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
Last modified: May 25, 2011