Steven K. Han - Page 17





                                       - 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 the                 








Page:  Previous  89  90  91  92  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  Next

Last modified: May 25, 2011