- 13 - negligently with respect to the underpayments of tax required to be shown on petitioners’ returns. See Pelton & Gunther v. Commissioner, T.C. Memo. 1999-339; Estate of Holland v. Commissioner, T.C. Memo. 1997-302 (positions taken on return not reasonable in light of the fact that one of the executors was an experienced attorney). Furthermore, petitioners failed to maintain adequate books and records from which their Federal income tax liability could be established. See Sowards v. Commissioner, T.C. Memo. 2003-180; Brodsky v. Commissioner, T.C. Memo. 2001-240; sec. 1.6662-3(b)(1), Income Tax Regs. After careful consideration of all pertinent facts and circumstances, we find that petitioners did not act with reasonable cause and in good faith and that the underpayments of tax required to be shown on their returns are due to petitioners’ negligence. Respondent is sustained on this issue. Reviewed and adopted as the report of the Small Tax Division. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011