- 20 - through 1990 were not timely filed. Furthermore, there is nothing in this record that would even remotely indicate that these failures were due to reasonable cause and not due to willful neglect. Therefore, we sustain respondent's determinations with respect to the additions to tax under section 6651(a) for all the years at issue. Sections 6653(a) and 6662(a) impose additions to tax and penalties for negligence or disregard of rules or regulations. If any part of the underpayment is due to negligence, under section 6653(a)(1) the addition to tax is equal to 5 percent of the amount of the underpayment. Under section 6662(a) the accuracy-related penalty is equal to 20 percent of the portion of the underpayment due to negligence. It is clear that petitioner is liable for these additions to tax and accuracy-related penalties. Under section 6001 a taxpayer is required to keep records. As far as we can determine, petitioner kept no records from which his (taxable) income could be determined. While petitioner used accounting firms to prepare his returns, as far as Mr. Moore was concerned, petitioner supplied the information in summary fashion. None of the other return preparers testified. With respect to petitioner's gross income, the information was greatly understated. Furthermore, with regard to the accuracy-related penalties, the entire underpayment for each of the taxable years 1989 and 1990 was attributable to negligence. We sustain respondent's determinations with respectPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011