- 25 - 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 determinationPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011