Jeffrey M. Guerrero and Genedine R. Guerrero - Page 8




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          trial briefs.  Accordingly, respondent’s determination that                 
          Olympic understated its income by $56,598 is sustained.                     
          III.  Section 6662(a)                                                       
               Respondent determined accuracy-related penalties under                 
          section 6662(a).  That section imposes a penalty in the amount of           
          20 percent of any portion of the underpayment attributable to               
          negligence or disregard of rules or regulations.  Negligence is             
          the lack of due care or the failure to do what a reasonable and             
          ordinarily prudent person would do under the circumstances.  See            
          Neely v. Commissioner, 85 T.C. 934, 947 (1985).  The negligence             
          penalty will apply if, among other things, the taxpayer fails to            
          maintain adequate books and records with regard to the items in             
          question.  See Crocker v. Commissioner, 92 T.C. 899, 917 (1989).            
               Respondent determined that petitioners are liable for the              
          penalties on the understatements.  Petitioners failed to address            
          the accuracy-related penalties in their briefs and presented no             
          evidence at trial as to why the resulting understatements or                
          deficiencies were reasonable.  Petitioners did state that “many             
          records were either lost or destroyed and/or not available which            
          very likely would have substantiated further losses, not income,            
          from the failed Olympic Concrete Pumping Company” but did not               
          provide any explanation for the lost or destroyed records.                  
               Petitioners’ 1991 returns show their awareness that losses             
          claimed from S corporations are limited to basis.  In 1992,                 






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