- 6 - Next, we consider whether petitioners are liable for a negligence addition under section 6653(a)(1) for 1988 and/or a penalty under section 6662(a) for 1989. For 1988, the addition amounts to 5 percent of any underpayment, and for 1989 the penalty amounts to 20 percent of the portion of the underpayment attributable to negligence. In that regard, respondent determined that the entire underpayment is due to negligence. Negligence has been defined as the failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Petitioners, one of whom is a certified public accountant and both of whom have experience in tax return preparation, failed to report fee income and income from other sources. In addition, for each year, petitioners reported a portion of diverted refund checks of a client as though it were income from farming, from which, in 1 year, they claimed a cost of goods sold that they now concede. Their actions belie any possibility of reasonableness in this setting. Accordingly, we hold that petitioners are liable for negligence for 1988 and with respect to the entire underpayment redetermined for 1989. Finally, petitioners claimed at trial that they are entitled to depreciation on cattle for 1988 and 1989. In support of their claim, petitioners produced a check and a note, each in the amount of $12,950 and dated June 17, 1989. On the memo portionPage: Previous 1 2 3 4 5 6 7 Next
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