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section 6662(b)(1) and (c) includes "any failure by the taxpayer
to keep adequate books and records". Sec. 1.6662-3(b)(1), Income
Tax Regs. There is no requirement that a taxpayer maintain any
specific type of ledger or journal, so long as his overall
recordkeeping is sufficient to establish the amount of his
income. Petitioner's business required travel to such an extent
that he essentially worked out of his automobile. In the
circumstances, we are not persuaded that respondent's insistence
on ledgers is realistic or appropriate. Petitioner's method of
retaining his invoices in paid and unpaid categories was
apparently "adequate" for 1991, as the parties have now
stipulated that there was no underreporting of gross receipts in
that year. As for 1990, petitioner failed to report $12,911 of a
total of $242,788 in gross receipts. While the unreported amount
is not inconsequential, we are not persuaded that it constitutes
either "negligence", which includes "any failure to make a
reasonable attempt to comply with the provisions" of the Internal
Revenue Code, or "disregard of rules or regulations", which
includes "any careless, reckless, or intentional disregard".
Sec. 6662(c). We believe that petitioner was making a
reasonable, though flawed, attempt to keep track of his gross
receipts in the circumstances. Respondent's reliance on Sindik
v. Commissioner, supra, is misplaced. The taxpayer in that case
kept no records at all, which we found was a failure to make any
reasonable attempt to comply and therefore negligent. Here, we
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