- 32 - loans. Although petitioner testified that there was supporting documentation, he did not produce it. Here, again, petitioner has failed to provide the required substantiation in support of his deductions. Moreover, he has not shown that he made any effort to collect even a portion of the amount allegedly owed to him by Payne & Potter, Inc. The mere fact of the debtor’s insolvency does not prove that petitioner, as creditor, had no reasonable prospect of recovery, which is necessary to support a bad debt deduction. See Intergraph Corp. & Subs. v. Commissioner, 106 T.C. 312, 323 (1996), affd. per curiam without published opinion 121 F.3d 723 (11th Cir. 1997). For the foregoing reasons, we sustain respondent’s determination disallowing petitioner’s bad debt deductions. V. Section 6662(a) Penalty Section 6662(a) provides for a penalty equal to 20 percent of the underpayment in tax attributable to, among other things, negligence or disregard of rules or regulations (without distinction, negligence). See sec. 6662(b)(1). The penalty for negligence will not apply to an underpayment in tax to the extent that the taxpayer can show both reasonable cause and that the taxpayer acted in good faith. See sec. 6664(c)(1). Negligence “includes any failure by the taxpayer * * * to substantiate items properly.” Sec. 1.6662-3(b)(1), Income Tax Regs. BecausePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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