Terri L and Austin W. Hartsock - Page 16

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          similar provisions. * * * the taxpayer bears the burden of proof            
          with regard to those issues.”  Id.                                          
               In the instant case, petitioners’ underpayment for each of             
          the years at issue is attributable solely to their claimed                  
          gambling loss deduction for each such year.  Petitioners concede            
          that they did not keep the records required by the Code to                  
          substantiate each such loss deduction.  Failure to keep adequate            
          records is evidence not only of negligence, but also of inten-              
          tional disregard of regulations.  See sec. 1.6662-3(b)(1) and               
          (2), Income Tax Regs.; see also Magnon v. Commissioner, 73 T.C.             
          980, 1008 (1980).  On the record before us, we find that respon-            
          dent has met respondent’s burden of production under section                
          7491(c).  On that record, we further find that petitioners have             
          failed to carry their burden of showing that they were not                  
          negligent and did not disregard rules or regulations, or other-             
          wise did what a reasonable person would do, with respect to the             
          underpayment for each of the years at issue.                                
               On the record before us, we also find that petitioners have            
          failed to carry their burden of showing that there was reasonable           
          cause for, and that they acted in good faith with respect to, the           
          underpayment for each of the years at issue.12  See sec.                    

               12On the instant record, we also find that petitioners have            
          failed to carry their burden of showing that the respective                 
          underpayments for the years at issue are attributable to their              
          reliance on a professional, such as an accountant.  See sec.                
                                                             (continued...)           





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