Alvin Victor Bracey - Page 6

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          prudently and exercised due care in choosing the treatment of the           
          items in issue.  Allen v. Commissioner, 925 F.2d 348, 353 (9th              
          Cir. 1991), affg. 92 T.C. 1 (1989); Neely v. Commissioner, supra            
          at 947-948.  The section 6662(b)(1) penalty shall not in any                
          event be imposed with respect to any portion of an understatement           
          as to which the taxpayer acted with reasonable cause and in good            
          faith.  Sec. 6664(c)(1).                                                    
          Unreported Gross Receipts                                                   
               In the notice of deficiency, respondent determined that                
          petitioner had unreported Schedule C gross receipts of $132,330             
          in 1990 and $58,107 in 1991.  Respondent now concedes that                  
          petitioner did not have any unreported gross receipts in 1991,              
          and the parties have stipulated that the unreported gross                   
          receipts in 1990 were $12,911 rather than $132,330.  Citing                 
          Sindik v. Commissioner, T.C. Memo. 1996-47, respondent contends             
          that the underpayment arising from the unreported receipts is               
          attributable to negligence because petitioner failed to keep                
          adequate books and records.  In particular, respondent argues               
          that petitioner was negligent in keeping only invoices and in               
          failing to maintain a ledger or journal in which he separately              
          recorded information regarding his gross receipts.                          
               Taxpayers are required to keep such records "as are                    
          sufficient to establish the amount of gross income * * * required           
          to be shown" on the return.  Sec. 1.6001-1(a), Income Tax Regs.             
          The regulations further provide that negligence for purposes of             




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