-7- prove that he was not negligent, i.e., that he made a reasonable attempt to comply with the provisions of the Code, and that he was not careless, reckless, or in intentional disregard of rules or regulations. Sec. 6662(c); see also Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972). Petitioner was negligent if he displayed a lack of due care or failed to do what a reasonable and prudent person would do under similar circumstances. Allen v. Commissioner, 925 F.2d 348, 353 (9th Cir. 1991), affg. 92 T.C. 1 (1989). Since petitioner has offered no evidence to prove he was not negligent, respondent's imposition of this penalty is sustained. To reflect concessions of the parties, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011