Tesco Driveaway Co., Inc. - Page 25




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               respect to such portion.                                               
               Respondent’s determination in a negligence case is                     
          presumptively correct, and petitioner has the burden of proving             
          that it was not negligent, or that there was “reasonable cause”             
          for the error, and that it acted “in good faith”:8                          
               The section 6653(a) additions[9] involve negligence or                 
               intentional disregard of rules and regulations.  The                   
               burden of proof as to such additions is upon                           
               petitioners. * * * They have submitted no evidence                     
               whatever in this respect.  These additions must                        
               therefore be sustained.                                                
          Lair v. Commissioner, 95 T.C. 484, 493 (1990).  Petitioner                  
          introduced no evidence to meet its burden of proof to show                  
          “reasonable cause” for the errors or to show that it acted in               
          good faith. We therefore sustain respondent's determination that            
          petitioner is liable for the accuracy-related penalty on the                
          deficiencies.                                                               
               To give effect to the foregoing,                                       
                                                   Decision will be entered           
                                              under Rule 155.                         







               8See supra note 6.                                                     
               9The negligence accuracy-related penalty was formerly an               
          addition to tax under former sec. 6653(a).  The negligence                  
          provisions were revised and moved to sec. 6662 by the Omnibus               
          Budget Reconciliation Act of 1989, Pub. L. 101-239, sec.                    
          7721(c)(1), 103 Stat. 2399.                                                 





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