David E. Benson - Page 15




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          “disregard” includes any careless, reckless, or intentional                 
          disregard.  Sec. 6662(c).                                                   
               Failure to keep adequate records is evidence not only of               
          negligence, but also of intentional 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).                           
               The accuracy-related penalty under section 6662(a) does not            
          apply to any portion of an underpayment if it is shown that there           
          was reasonable cause for, and that the taxpayer acted in good               
          faith with respect to, such portion.  Sec. 6664(c)(1).  The                 
          determination of whether the taxpayer acted with reasonable cause           
          and in good faith depends on the pertinent facts and circum-                
          stances, including the taxpayer’s efforts to assess such tax-               
          payer’s proper tax liability, the knowledge and experience of the           
          taxpayer, and the reliance on the advice of a professional, such            
          as an accountant.  Sec. 1.6664-4(b)(1), Income Tax Regs.                    
               Respondent has the burden of production under section                  
          7491(c) with respect to the accuracy-related penalty under                  
          section 6662.  To meet that burden, respondent must come forward            
          with sufficient evidence indicating that it is appropriate to               
          impose that penalty.  Higbee v. Commissioner, 116 T.C. 438, 446             
          (2001).  Although respondent bears the burden of production with            
          respect to the accuracy-related penalty that respondent deter-              
          mined for petitioner’s taxable year 1999, respondent “need not              







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