- 19 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011