- 24 - the experience, knowledge and education of the taxpayer.” Moreover, a taxpayer is generally charged with knowledge of the law. Niedringhaus v. Commissioner, 99 T.C. 202, 222 (1992). Although a taxpayer is not subject to the addition to tax for negligence where the taxpayer makes honest mistakes in complex matters, the taxpayer must take reasonable steps to determine the law and to comply with it. Id. The Court holds that petitioner acted negligently with respect to the underpayment in this case. “‘Negligence’ * * * includes any failure by the taxpayer to keep adequate books and records or to substantiate items properly.” Sec. 1.6662-3(b), Income Tax Regs. Petitioner failed to keep adequate books and records. In light of his filing history and the conclusions with respect to the gold mining activity, it is clear that petitioner made no honest attempt to determine the correctness of his deductions. Respondent is sustained on this issue. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered under Rule 155.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Last modified: May 25, 2011