James K. Wise and Claudia R. Wise - Page 22

                                       - 22 -                                         
          and the amount actually shown on the return.  Sec. 6661(b)(2);              
          Tweeddale v. Commissioner, 92 T.C. 501 (1989); Woods v.                     
          Commissioner, 91 T.C. 88 (1988).  The section 6661 addition to              
          tax is not applicable, however, if there was substantial                    
          authority for the taxpayer's treatment of the items in issue or             
          if relevant facts relating to the tax treatment of those items              
          were disclosed on the return.  Sec. 6661(b)(2)(B)(i) and (ii).              
               Neither exception applies here.  If the recomputed                     
          deficiency under Rule 155 satisfies the statutory percentage or             
          amount, petitioners will be liable for that addition to tax.                
          Issue 5. Addition to Tax--Negligence                                        
               In her notice of deficiency, respondent determined that                
          petitioners were liable for additions to tax under section                  
          6653(a) for negligence.                                                     
               Section 6653(a)(1) provides for an addition to tax of 5                
          percent of the underpayment if any part of the underpayment is              
          due to negligence or intentional disregard of rules or                      
          regulations.  Section 6653(a)(2) provides for an addition to tax            
          of 50 percent of the interest payable under section 6601 with               
          respect to the portion of the underpayment which is attributable            
          to negligence or intentional disregard of rules or regulations.             
               Negligence under section 6653(a) is 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               






Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011