Clyde E. Owens and Marie W. Owens - Page 24

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          penalty under section 6662(a) does not apply to any part of an              
          underpayment if the taxpayer shows that there was reasonable                
          cause for that part of the underpayment and that the taxpayer               
          acted in good faith based on the facts and circumstances.  Sec.             
          6664(c)(1).  Failure to keep adequate records is evidence of                
          negligence.  Marcello v. Commissioner, 380 F.2d 509, 511 (5th               
          Cir. 1967), affg. T.C. Memo. 1964-303; Magnon v. Commissioner, 73           
          T.C. 980, 1008-1009 (1980).                                                 
               Petitioners bear the burden of proving that they were not              
          negligent.  Rule 142(a).  They did not do so.  They did not show            
          that they had good faith or reasonable cause.  Ms. Feltrinelli              
          concedes that her records were inadequate.  Petitioners did not             
          show that they were not negligent.                                          
               Petitioners contend that they are not liable for the                   
          accuracy-related penalty for negligence because they do not owe             
          taxes.  We disagree for reasons stated above.                               
               We conclude that petitioners are liable for the                        
          accuracy-related penalty for negligence for 1989 and 1990 under             
          section 6662(a) and (c) and that each petitioner's understatement           
          for each year in issue is due to negligence.                                
               To reflect concessions and the foregoing,                              

                                                  Decisions will be                   
                                             entered under Rule 155.                  







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