- 27 - to negligence or disregard of rules or regulations. See sec. 6662(b)(1). Negligence is the “‘lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances’”. Neely v. Commissioner, 85 T.C. 934, 947 (1985) (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir. 1967), affg. 43 T.C. 168 (1964) and T.C. Memo. 1964-299). It includes any failure by the taxpayer to keep adequate books and records or to substantiate items properly. See sec. 1.6662- 3(b)(1), Income Tax Regs. The term “disregard” includes any careless, reckless, or intentional disregard. Sec. 6662(c). No penalty shall be imposed if it is shown that there was reasonable cause for the underpayment and the taxpayer acted in good faith with respect to the underpayment. See sec. 6664(c). At trial, petitioner failed to establish that she acted in good faith with respect to the underpayments during the years in issue. Petitioner claimed excessive Schedule C expenses which she was unable to substantiate and disregarded the requirements of sections 162 and 274. In the Court’s opinion, neither the receipts submitted by petitioner nor her testimony established a business purpose for the claimed expenses. On the basis of the record, we hold that petitioner is liable for the accuracy- related penalties under section 6662(a) for 1991, 1992, and 1993.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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