- 9 - adequate books and records or to substantiate items properly. Sec. 1.6662-3(b)(1), Income Tax Regs. We have no difficulty in finding that petitioners are guilty of negligence for both years before the Court.6 They claimed deductions that are clearly improper and made no attempt to keep satisfactory records as required by section 6001. Petitioners claim that they used “Turbo Tax”, a computer program for preparing tax returns, and any fault lies with that program. While section 6664(c) provides an exception for a portion of the underpayment due to reasonable cause, petitioner’s have not shown reasonable cause here. The “Turbo Tax” program depends on the entry of correct information. Petitioners certainly knew that they were deducting personal expenses when they entered items such as routine meals, clothing, insurance, etc. Respondent’s determinations are sustained. Reviewed and adopted as the report of the Small Tax Case Division. To reflect respondent’s concessions at trial, Decision will be entered under Rule 155. 6 Respondent has met his burden of production with respect to the penalties, sec. 7491(c), and petitioners bear the burden of proof, Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001).Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011