Richard T. Stanley, Sr. and Miriam Stanley - Page 7




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          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.                          























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