Sheriel L. Sexcius - Page 9

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          taxes for 1990 due to negligence.  Respondent has the burden of             
          proof on this issue because negligence was first asserted in the            
          answer.  Rule 142(a).  Nonetheless, the evidence compels the                
          conclusion that petitioner failed to maintain books and records             
          to substantiate deductions to which she might have been entitled            
          and that she claimed deductions to which she clearly was not                
          entitled.  The penalty under section 6662(a) will be sustained.             
               Section 6673(a)(1) provides:                                           
                    SEC. 6673(a).  Tax Court Proceedings.--                           
                         (1) Procedures instituted primarily for                      
                    delay, etc.--Whenever it appears to the Tax Court                 
                    that--                                                            
                              (A) proceedings before it have been                     
                         instituted or maintained by the taxpayer                     
                         primarily for delay,                                         
                              (B) the taxpayer's position in such                     
                         proceeding is frivolous or groundless, or                    
                              (C) the taxpayer unreasonably failed to                 
                         pursue available administrative remedies,                    
                    the Tax Court, in its decision, may require the                   
                    taxpayer to pay to the United States a penalty not                
                    in excess of $25,000.                                             
          Respondent seeks a penalty under section 6673 against petitioner            
          on the ground that petitioner has litigated and lost the same               
          issue, to wit, the deductibility of losses allegedly sustained in           
          her tutoring and counseling activity, repeatedly without a                  
          showing of changed facts justifying a different result.  Although           
          petitioner, through her counsel, conceded that she was not                  





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