Gregory H. and Elizabeth A. Price - Page 20




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          where and to the extent that understatements of tax are                     
          attributable to negligence.  Respondent asserts that this penalty           
          applies to the adjustments for depreciation recapture and                   
          depreciation.  Taxpayers are required to maintain adequate records          
          and failure to do so may constitute negligence and a disregard of           
          rules or regulations.  See sec. 6001; see also Nehus v.                     
          Commissioner, T.C. Memo. 1994-631, affd. without published opinion          
          108 F.3d 338 (9th Cir. 1997); Schroeder v. Commissioner, 40 T.C.            
          30, 34 (1963); Bard v. Commissioner, T.C. Memo. 1990-431.                   
          Taxpayers bear the burden of proof with regard to this issue.  See          
          Rule 142(a).                                                                
               For 1991, the failure of petitioner to maintain adequate               
          records constitutes negligence.  We sustain respondent's                    
          determination of the accuracy-related penalty with respect to the           
          adjustments for depreciation recapture and depreciation.                    
               For the years in issue, section 6651(a)(1) provides for an             
          addition to tax for failure to timely file Federal income tax               
          returns.  The addition to tax equals 5 percent of the amount                
          required to be shown as tax on the return for every month the               
          return has not been filed, but not exceeding 25 percent.  This              
          addition to tax will not be imposed if it is established that the           










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