- 155 - Ma-Tran Corp. v. Commissioner, 70 T.C. 158, 173 (1978). Petitioner contends that he is not liable for the accuracy- related penalty under section 6662(a) because he relied on Mr. Sutton, who prepared the joint returns of petitioner and Ms. Brodsky for 1991 and 1992, and on Mr. DiBernardo, who prepared their joint return for 1993, to whom he provided all of his financial information. On the instant record, we reject that contention. On that record, we find that petitioner has failed to carry his burden of establishing (1) that he provided correct and complete information to Mr. Sutton and Mr. DiBernardo in connection with their return preparation on his behalf and (2) that any item incorrectly omitted, claimed, or reported in the joint returns for the years at issue was the result of the error of one of those return preparers. On the instant record, we also find that petitioner failed to maintain adequate books and records and to substantiate properly items claimed on the joint returns for the years at issue. On the record before us, we find that petitioner has failed to carry his burden of showing (1) that the underpayment for each of the years at issue was not due to negligence or disregard of rules or regulations and (2) that he acted with reasonable cause and in good faith with respect to the underpayment for each of those years. On that record, we find that petitioner has failed to carry his burden of establishing that he is not liable for each of the years at issue for the accuracy-related penalty under section 6662(a).Page: Previous 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 Next
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