- 9 - Commissioner, 115 T.C. 523, 542 (2000). Negligence includes any failure to make a reasonable attempt to comply with the provisions of the internal revenue laws or to exercise ordinary and reasonable care in the preparation of a tax return. Sec. 1.6662-3(b)(1), Income Tax Regs. The Commissioner bears the burden of production with respect to the accuracy-related penalty. Sec. 7491(c). In order to meet that burden, the Commissioner must produce sufficient evidence that it is appropriate to impose the penalty. Higbee v. Commissioner, 116 T.C. 438, 446 (2001). We may take a taxpayer’s concession into account in determining whether the Commissioner has carried his burden. See, e.g., Rogers v. Commissioner, T.C. Memo. 2005-248. Petitioners have conceded that they understated their taxable income on account of: (1) erroneous credits to Mr. Oria’s drawing account resulting from fictitious payments to Mr. Loeser or one of his affiliates, (2) Mr. Oria’s personal expenses charged on Medico’s American Express card, (3) Mr. Oria depositing Medico’s receipts into his personal account, and (4) Medico’s payment of Mr. Oria’s golf club and other personal expenses. Petitioners’ concessions are sufficient for us to conclude that respondent has carried his burden. Mr. Oria signed all of Medico’s checks issued in 2000, and he generally performed all duties connected with its business. Given Mr. Oria’s business degree, his experience in business, and his knowledge of both Medico’s and his own affairs, petitioners’ tax treatment of the conceded items is not plausible. Mr. Oria failed to use thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 10, 2007