- 18 - tape 2. As noted supra, the purpose of Mr. Kelson’s reconciliations was to assure that, in determining net sales, no bar sales were duplicated on the dining room cash register tapes. Ms. Groom clearly demonstrated that no double-ups were included in her summaries (Exhibits 3-J through 13-J) in which she determined petitioner’s income for the taxable year ended May 31, 1995. Petitioner did not call Mr. Kelson as a witness. He was petitioner’s accountant and bookkeeper who prepared the daily cash register tape 2 (the bar) reconciliation that assured there would be no double-ups on cash register tape 1 (the dining room). Under Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947), we infer that Mr. Kelson’s testimony, if offered at trial, would have clearly disproved petitioner’s “double-ups” theory. Petitioner’s “double-ups” theory is patently bogus, and we reject it. Respondent determined that petitioner is liable for an accuracy-related penalty of $6,089.40 for failure to report income in the amount of $120,371. Section 6662(a) imposes a 20-percent penalty on the portion of an underpayment attributable to any one of various factors, one of which is negligence or disregard of rules or regulations. Sec. 6662(b)(1). “Negligence” includes any failure to make aPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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