- 8 - disregard of rules or regulations. Negligence is the lack of due care or 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). It is well established that the taxpayer bears the burden of proof on this issue. See Bixby v. Commissioner, 58 T.C. 757, 791 (1972). In the notice of deficiency, respondent determined a deficiency based on three adjustments to petitioner's tax return for 1996. At trial, petitioner conceded one of the adjustments, and the parties reached a basis of settlement for another adjustment. Petitioner presented no evidence as to these two adjustments showing that he had reasonable cause for the underpayment relating thereto. The other adjustment related to a claimed capital loss, discussed in detail above. The Court finds that the underpayment as to this adjustment was also due to a careless, reckless, or an intentional disregard of rules or regulations. Respondent, therefore, is sustained on the entire amount of petitioner's underpayment with respect to the penalty under section 6662(a). Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011