Henry F. K. Kersting - Page 19




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          following the enactment of TAMRA.                                           
          For purposes of all of these provisions, negligence connotes                
          a lack of due care or a failure to do what a reasonable and                 
          ordinarily prudent person would do under the circumstances.                 
          See Neely v. Commissioner, 85 T.C. 934, 947 (1985); Korshin v.              
          Commissioner, T.C. Memo. 1995-46.  Petitioner bears the burden of           
          proving respondent's determination of negligence is erroneous.              
          See Rule 142(a); Bixby v. Commissioner, 58 T.C. 757, 791-792                
          (1972); see also  Stovall v. Commissioner, 762 F.2d 891, 895                
          (11th Cir. 1985), affg. T.C. Memo. 1983-450; Korshin v.                     
          Commissioner, supra.  Petitioner has failed to do so.  Petitioner           
          presented no evidence to overcome the determination of                      
          negligence.  To the contrary, the record establishes that                   
          petitioner failed to exercise due care and failed to do what a              
          reasonable and ordinarily prudent person would have done under              
          the circumstances.  Petitioner neglected to file returns for any            
          of the 7 years in issue and has not filed a return since 1975.              
          Petitioner presented no evidence of reasonable cause for his                
          failure to file returns.  His breach of his statutory duty to               
          file timely Federal income tax returns for the years in issue is            
          evidence of negligence.  See Condor Intl., Inc. v. Commissioner,            
          98 T.C. 203, 225 (1992), affd. in part, revd.in part 78 F.3d 1355           
          (9th Cir. 1996); Emmons v. Commissioner, 92 T.C. 342, 349 (1989),           
          affd. 898 F.2d 50 (5th Cir. 1990); see also Korshin v.                      





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