Kristine A. Cluck - Page 25

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               Negligence under section 6653(a) is defined as a "lack of              
          due care or failure to do what a reasonable and ordinarily                  
          prudent person would do under the circumstances."  Neely v.                 
          Commissioner, 85 T.C. 934, 947 (1985) (quoting Marcello v.                  
          Commissioner, 380 F.2d 499, 506 (5th Cir. 1967), affg. in part              
          and remanding in part 43 T.C. 168 (1964)).  The Commissioner's              
          determination that the taxpayer's underpayment was due to                   
          negligence is presumed correct, and the taxpayer has the burden             
          of proving that the determination is erroneous.  Rule 142(a);               
          Bixby v. Commissioner, 58 T.C. 757 (1972).  Thus, petitioner must           
          show that she acted reasonably and prudently and exercised due              
          care in reporting her taxes.  Neely v. Commissioner, supra.                 
               Here, petitioner has failed to present any evidence that she           
          was not negligent in claiming the 1987 and 1988 NOL's.                      
          Accordingly, she has failed to meet her burden of proof;                    
          therefore, we affirm respondent's determination on this issue.              
          Issue 4. Addition to Tax--Substantial Understatement                        
               Respondent determined that petitioner was liable for                   
          additions to tax pursuant to section 6661 for tax years 1987 and            
          1988.                                                                       
               Section 6661 provides that if there is a substantial                   
          understatement of income tax, there shall be added to the tax an            
          amount equal to 25 percent of the amount of any underpayment                
          attributable to such understatement.  Sec. 6661(a).  The taxpayer           
          bears the burden of proving that the Commissioner's determination           




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