Ronald L. Heidrick - Page 25




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          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.                          













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Last modified: May 25, 2011