Richard D. Nelson - Page 26




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            background and reliance, we hold that his actions with respect to                          
            that item were reasonable and are not subject to the section 6662                          
            penalty.                                                                                   
            With respect to the substantiation items and any items                                     
            conceded, petitioner has failed to show that his actions were                              
            reasonable and not careless, reckless, or made with intentional                            
            disregard of rules or regulations.  Even considering petitioner’s                          
            background, his inability to substantiate claimed expenditures is                          
            not reasonable.  Under these circumstances, we hold that                                   
            petitioner is liable, in each of the 3 taxable years, for the                              
            accuracy-related penalty under section 6662(a) on the portion of                           
            any underpayment attributable to the substantiation issues                                 
            decided and on the adjustment items that he conceded.                                      
                  To reflect the foregoing and due to concessions,                                     
                                                      Decision will be entered under                   
                                                Rule 155.                                              




















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