Stephen H. Rifkin & Pamela T. Rifkin - Page 15

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          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.  In              






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