- 37 - understatement is reduced by the portion of the understatement attributable to an item for which there is substantial authority for the treatment by the taxpayer or where the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return. Sec. 6662(d)(2)(B). The Kudos’ failure to maintain and to produce reliable records of their financial transactions and taxable income supports a conclusion of negligence. Crocker v. Commissioner, 92 T.C. 899, 917 (1989); Schroeder v. Commissioner, 40 T.C. 30, 34 (1963). Moreover, they cannot avoid the penalty on the grounds of reliance on their tax preparer, because the Kudos did not provide Nakamura with bank records or other records of the bank deposits sufficient to prepare their returns accurately. Metra Chem. Corp. v. Commissioner, 88 T.C. 654, 662 (1987). The evidence justifies imposition of the penalty for negligence and/or substantial understatement for each year. We apply the penalty only to the portion of the understatement attributable to unexplained bank deposits and to the "Taxes Paid by Employer" issue for 1990, not to other items raised in the notice of deficiency. The Takaos Unreported Income Respondent contends that the Takaos had unreported income for the years in issue, as evidenced by the unexplained bankPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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