- 106 - “Negligence” includes a failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code. Sec. 6653(a)(3). “Disregard” includes any careless, reckless, or intentional disregard of rules or regulations. Id.; Crocker v. Commissioner, 92 T.C. 899, 916-918 (1989); Neely v. Commissioner, 85 T.C. 934, 947-950 (1985). The negligence addition to tax will apply if, among other things, the taxpayer fails to maintain adequate books and records with regard to the items in question. Crocker v. Commissioner, supra. In the stipulation of settled issues, petitioner has conceded that he understated income and overstated deductions relating to his 1988 return. Petitioner has failed to prove that those items were not due to negligence. Furthermore, petitioner has conceded that he would be liable for the addition to tax for negligence if we decide, as we have in part, that the funds he took from corporate accounts must be included in his income in 1988. For 1988, the addition to tax for negligence applies to the entire deficiency if any part of the deficiency is due to negligence or intentional disregard of rules or regulations. Accordingly, we conclude that petitioner is liable for the addition to tax for negligence under section 6653(a) for the deficiencies determined in the notice of deficiency and thePage: Previous 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Next
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