Francine Acquaviva - Page 28

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          D.  Additions to Tax                                                        
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a return on the date prescribed (determined with regard to             
          any extension of time for filing) unless it is shown that such              
          failure is due to reasonable cause and not due to willful                   
          neglect.  The taxpayer has the burden of showing the addition is            
          improper.  United States v. Boyle, 469 U.S. 241, 245 (1985).                
               If any part of the underpayment is due to negligence or                
          disregard of rules or regulations, there shall be added to the              
          tax an amount equal to 5 percent of the underpayment.  Sec.                 
          6653(a)(1) (for 1985); sec. 6653(a)(1)(A) (for 1986 and 1987).              
          There is a further addition to tax in an amount equal to 50                 
          percent of the interest payable with respect to the portion of              
          the underpayment that is attributable to negligence.  Sec.                  
          6653(a)(2) (for 1985); sec. 6653(a)(1)(B) (for 1986 and 1987).              
               Section 6661 provides for a 25-percent addition to tax on              
          any substantial understatement.  Pallottini v. Commissioner, 90             
          T.C. 498 (1988).  A substantial understatement is one that                  
          exceeds the greater of 10 percent of the tax required to be shown           
          on the return or $5,000.  Sec. 6661(b)(1).  The amount of the               
          understatement, for purposes of section 6661, is to be reduced by           
          the portion attributable to any item for which there was                    
          substantial authority or any item that was adequately disclosed.            
          Sec. 6661(b)(2)(B).                                                         






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