Danielle L. Clark-Hernandez - Page 28




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          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.           









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