- 30 - motion for summary judgment. Therefore, having redetermined a deficiency of zero, respondent's additions to tax must fail, and we so hold. B. The Daughters Respondent determined additions to tax under sections 6653(a)(1) and (2) and 6661 against each of the daughters. Section 6653(a)(1) provides that, if any part of the underpayment of tax is due to negligence or intentional disregard of rules or regulations, there shall be added to the tax an amount equal to 5 percent of the underpayment. Section 6653(a)(2) imposes a separate addition to tax, equal to 50 percent of the interest payable under section 6601, on the portion of the underpayment that is attributable to the negligence of the taxpayer. For purposes of section 6653(a), negligence is defined as the failure to exercise the due care of a reasonable and ordinarily prudent person under like circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Section 6661 provides for an addition to tax equal to 25 percent of the amount of any underpayment attributable to a substantial understatement. An understatement is "substantial" when the understatement for the taxable year exceeds the greater of (1) 10 percent of the tax required to be shown or (2) $5,000. The understatement is reduced to the extent that the taxpayerPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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