- 15 - substantiation of claimed expenses, untrustworthy books and records, and lack of cooperation.” The term “negligence” has been defined to include any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code and a lack of due care or failure to do what a reasonable and ordinary person would do under the circumstances. Sec. 6662(c); see Neely v. Commissioner, 85 T.C. 934, 947 (1985). Petitioners have the burden of proving that respondent’s determination is in error. Rule 142(a); Bixby v. Commissioner, 58 T.C. 757 (1972). Petitioner Pamela T. Rifkin's argument as to why we should not find her liable for the section 6662(a) penalty is twofold: (1) She had nothing to do with the preparation of the 1993 return, and she did not review it prior to signing it; and (2) respondent's settlement of the 1992 taxable year for a “de minimis” amount should have some bearing on the outcome of the 1993 tax year's result. We have already rejected petitioners' attempt to rely on the 1992 tax year as a basis for resolution of the issues before the Court for the 1993 year. As to Mrs. Rifkin’s argument that she had nothing to do with the return preparation and/or that she relied solely on her husband for those matters, this Court has, in similar situations, rejected that argument. See Goldberg v. Commissioner, T.C. Memo. 1997-74, and cases cited therein. InPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011