- 11 - of tips earned by petitioner during his daily shifts. As previously stated, petitioner did not keep a tip diary of the cash received from the cashier. Also, petitioner did not report these cash distributions to the Hilton or on his returns filed for taxable year 2000. Petitioner has failed to provide any evidence to controvert respondent’s determination as to petitioner’s unreported tip income for taxable year 2000. He simply presented this Court with frivolous contentions that merit no further discussion. See Rowlee v. Commissioner, 80 T.C. 1111 (1983); Hallock v. Commissioner, T.C. Memo. 1983-684. Thus, we sustain respondent’s determination on this issue, as modified by respondent’s position at trial. 2. Accuracy-Related Penalty As previously stated, respondent, in the notice of deficiency, determined that petitioner is liable for the accuracy-related penalty pursuant to section 6662(a) and (b)(1) for the taxable year 2000. Section 6662(a) provides for an accuracy-related penalty of 20 percent of the portion of any underpayment attributable to, among other things, negligence or intentional disregard of rules or regulations. Sec. 6662(b)(1). The term “negligence” is the failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code, or the failure to do what a reasonable and ordinarily prudent person would do underPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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