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