David E. Benson - Page 17




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          Shea v. Commissioner, 112 T.C. 183, 189 (1999).  On the instant             
          record, we find that petitioner did not maintain the records                
          required by section 6001 and section 1.6001-1(a), Income Tax                
          Regs.  On that record, we further find that any unidentified                
          records that petitioner may have maintained were not adequate               
          under those provisions.  On the instant record, we find that the            
          burden of production that respondent has under section 7491(c) is           
          satisfied.  See sec. 1.6662-3(b)(1) and (2), Income Tax Regs.               
               Except for the testimony quoted above, petitioner presented            
          no evidence, and made no argument, with respect to the accuracy-            
          related penalty under section 6662(a) that respondent determined            
          for petitioner’s taxable year 1999.  On the instant record, we              
          find that petitioner has failed to carry his burden of showing              
          that he was not negligent and did not disregard rules or regula-            
          tions, or otherwise did what a reasonable person would do, with             
          respect to the underpayment for that year.                                  
               On the instant record, we further find that petitioner has             
          failed to carry his burden of showing that there was reasonable             
          cause for, and that he acted in good faith with respect to, the             
          underpayment for the year at issue.  See sec. 6664(c)(1).                   
               On the record before us, we find that petitioner has failed            
          to carry his burden of establishing that he is not liable for               
          1999 for the accuracy-related penalty under section 6662(a).                
               We have considered all of the parties’ contentions and                 







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