- 20 - 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 thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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