- 82 - reliance on him to perform Toraya's nondelegable duty to file that return. United States v. Boyle, 469 U.S. at 245; Estate of La Meres v. Commissioner, 98 T.C. at 318. Petitioners have not satisfied their burden of proving that Toraya had reasonable cause for not timely filing its 1988 return. Niedringhaus v. Commissioner, 99 T.C. at 220-221; Baldwin v. Commissioner, 84 T.C. at 870. Accordingly, we sustain respondent's determination of the addition to tax under section 6651(a) for 1988. Sections 6653(a)(1) and 6662(a) Respondent determined that Toraya is liable for an addition to tax for negligence under section 6653(a)(1) for 1988 and accuracy-related penalties for negligence under section 6662(a) for 1989, 1990, and 1991. Petitioners contend that Toraya is not liable for the addition to tax or accuracy-related penalties for negligence, because it relied in good faith on Nakamura to properly prepare its tax returns for the years in issue. Respondent contends that petitioners failed to prove that Toraya had reasonable cause for understating its income on its returns for 1988 through 1991 and that the understatements are due to negligence within the meaning of sections 6653(a)(1) and 6662(a)(1). We agree with respondent. Toraya's failure to maintain and to produce reliable records of its financial transactions and taxable income supports a conclusion of negligence. Crocker v. Commissioner, 92 T.C. at 917; Schroeder v. Commissioner, 40 T.C. at 34. Moreover, TorayaPage: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
Last modified: May 25, 2011