- 13 - i.e, that they made a reasonable attempt to comply with the provisions of the Internal Revenue Code and that they were not careless, reckless, or in intentional disregard of the rules or regulations. We sustain respondent’s determination. In determining whether petitioners were negligent in the preparation of their return, we take into account Mr. Hagman’s years of business experience. Glenn v. Commissioner, T.C. Memo. 1995-399, affd. without published opinion 103 F.3d 129 (6th Cir. 1996). Petitioners’ explanation of the Buck Sales issue was vague and confusing, and they have failed to show that they were not negligent with respect to their $76,000 deduction for purported investments in Buck Sales. Because we have found that part of petitioners’ underpayment for 1988 was due to negligence, the 5- percent addition to tax provided in section 6653(a)(1) applies to the entire underpayment regardless of whether the balance of the underpayment was due to negligence. Petitioners conceded part of the underpayment for 1989 and also failed to address the question of negligence on those concessions. With respect to the disputed issue for 1989 (the bad debt deduction), petitioners claimed that the notes were worthless at a time when they were actively trying to collect on the notes in State court. Petitioners do not provide us with a satisfactory explanation of this inconsistency and are therefore liable for the section 6662(a) accuracy-related penalty with respect to this issue. Due to petitioners’ failure to presentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011