- 30 -30 not excuse the failure to report income from the grocery/convenience store business or any other item. See Kenroy, Inc. v. Commissioner, T.C. Memo. 1984-232. The failure to keep adequate records, in contravention of section 6001, supports the imposition of the negligence addition to tax and the accuracy- related penalty. See Maguire v. Commissioner, T.C. Memo. 1996-145; Tabbi v. Commissioner, T.C. Memo. 1995-463; Simonelli v. Commissioner, T.C. Memo. 1985-12. Finally, petitioners made no efforts to obtain professional advice to determine the tax consequences of the check-kiting scheme before filing their tax returns. They never asked either their accountant or a tax attorney about how to report those activities. Given their lack of knowledge of the tax law, petitioners should have sought advice about the tax implications of the check-kiting scheme. Cf. Krause v. Commissioner, T.C. Memo. 1991-13. Thus, for 1988, we hold that petitioners are liable for additions to tax for negligence or disregard of rules or regulations pursuant to section 6653(a)(1), substantial understatement of tax pursuant to section 6661(a)(1), and failure to timely file their return. For 1989 and 1990, we hold that petitioners are liable for the accuracy-related penalties for negligence or disregard of rules or regulations pursuant to section 6662.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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