Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 115

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            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...)                





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