- 195 - taxpayer must show that, despite the exercise of ordinary busi- ness care and prudence, such taxpayer was unable to file the required tax return within the prescribed time. United States v. Boyle, 469 U.S. 241, 246 (1985); Crocker v. Commissioner, 92 T.C. 899, 913 (1989); sec. 301.6651-1(c)(1), Proced. & Admin. Regs. For 1984 and 1985, section 6653(a)(1) and, for 1986, section 6653(a)(1)(A) impose an addition to tax that is equal to 5 per- cent of the entire underpayment if any part of it was due to negligence or disregard of rules or regulations. If that addi- tion to tax applies, for 1984 and 1985, section 6653(a)(2) and, for 1986, section 6653(a)(1)(B) impose a further addition to tax in an amount that is equal to 50 percent of the interest payable with respect to the portion of the underpayment that is attrib- utable to negligence or disregard of rules or regulations. Negligence is defined as a lack of due care or failure to do what a reasonable and prudent person would do under the circumstances. Allen v. Commissioner, 925 F.2d 348, 353 (9th Cir. 1991), affg. 92 T.C. 1 (1989); see Crocker v. Commissioner, supra at 916; Neely v. Commissioner, 85 T.C. 934, 947-948 (1985). Section 6656(a) imposes a penalty for failure to deposit timely a tax in a Government depositary that is equal to 10 percent of the underpayment.146 That section does not apply if 146 Sec. 8001(a) of the Omnibus Budget Reconciliation Act of (continued...)Page: Previous 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 Next
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