Edward M. Fontanilla - Page 11




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               As to the other disallowed Schedule C expense, petitioner               
          presented no evidence to substantiate that expense.  Respondent,             
          therefore, is sustained on that item.                                        
          Issue 5.  Accuracy-Related Penalty                                           
               We have found that petitioner deducted $1,910 that he paid              
          for real estate taxes and that he also claimed the same expense              
          as home mortgage interest, and that he claimed deductions for                
          items that he could not substantiate.  Furthermore, petitioner               
          conceded that he received $17 of unreported interest income.                 
               Respondent determined that petitioner is liable for the                 
          accuracy-related penalty for negligence or intentional disregard             
          of rules or regulations pursuant to section 6662.                            
               Section 6662 provides for the imposition of a penalty equal             
          to 20 percent of the portion of the underpayment which is                    
          attributable to negligence or disregard of rules or regulations.             
          See sec. 6662(a) and (b)(1).  For purposes of this section, the              
          term "negligence" includes any failure to make a reasonable                  
          attempt to comply with the internal revenue laws, a failure to               
          exercise ordinary and reasonable care in the preparation of a tax            
          return, or a failure to keep adequate books and records or to                
          substantiate items properly.  Sec. 1.6662-3(b)(1), Income Tax                
          Regs.  Negligence is defined as a lack of due care or failure to             
          do what a reasonable and ordinarily prudent person would do under            
          the circumstances.  See Neely v. Commissioner, 85 T.C. 934, 947              





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