Larry Charles Miller - Page 15




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            any substantial understatement of income tax.  See sec.                                    
            6662(a),(b)(1), and (b)(2).                                                                
                  Section 6662(c) provides that the term "negligence" includes                         
            any failure to make a reasonable attempt to comply with the                                
            provisions of this title, and the term "disregard" includes any                            
            careless, reckless, or intentional disregard of rules or                                   
            regulations.  The Commissioner's determination that a taxpayer                             
            was negligent is presumptively correct, and the burden is on the                           
            taxpayer to show lack of negligence.  See Axelrod v.                                       
            Commissioner, 56 T.C. 248, 258 (1971).  An understatement of tax                           
            is substantial if it exceeds the greater of 10 percent of the tax                          
            required to be shown on the return for the taxable year or                                 
            $5,000.  See sec. 6662(d)(1)(A)(i) and (ii).  The                                          
            accuracy-related penalty will apply unless petitioner can                                  
            demonstrate that there was reasonable cause for the underpayment                           
            and that he acted in good faith with respect to the underpayment.                          
            See sec. 6664(c)(1).                                                                       
                  On the basis of the entire record, we conclude that                                  
            petitioner has not established that there was reasonable cause                             
            and that he acted in good faith with respect to the underpayment                           
            of tax.  Petitioner did not meet his burden of proving that he                             
            was not negligent.  Respondent's deficiency determination exceeds                          
            10 percent of the amount required to be shown on the return and                            
            is more than $5,000.  We, therefore, hold that petitioner is                               






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