Gabe W. Stewart, Jr., and Doris R. Stewart - Page 11

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          attributable.  The term “negligence” includes any failure to make           
          a reasonable attempt to comply with the provisions of the                   
          internal revenue laws, and the term “disregard” includes any                
          careless, reckless, or intentional disregard.  Sec. 6662(c); see            
          sec. 1.6662-3(b)(2), Income Tax Regs.                                       
               Negligence often takes the form of an understatement of                
          income or an overstatement of deductions.  See Healey v.                    
          Commissioner, T.C. Memo. 1996-260, and cases cited therein.                 
          Understatement of income or overstatement of deductions may                 
          reflect the inadequacy of the taxpayer's records, which is, of              
          itself, a basis for sustaining the accuracy-related penalty.  In            
          this regard, we observe that a taxpayer is required to maintain             
          records sufficient to establish all items of income, deduction,             
          and credit that are required to be shown on the taxpayer’s tax              
          return.  See sec. 6001; sec. 1.6001-1(a), Income Tax Regs.; see             
          also Lysek v. Commissioner, 583 F.2d 1088, 1094 (9th Cir. 1978),            
          affg. T.C. Memo. 1975-293; Crocker v. Commissioner, 92 T.C. 899,            
          916 (1989); Schroeder v. Commissioner, 40 T.C. 30, 34 (1963);               
          sec. 1.6662-3(b)(1), Income Tax Regs.  Additionally, failure to             
          keep adequate records is evidence of intentional disregard of the           
          regulations.  See Crocker v. Commissioner, supra at 917.                    
               On the other hand, no penalty shall be imposed under section           
          6662(a) with respect to any portion of an underpayment if it is             
          shown that there was a reasonable cause for such portion and that           






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