50 Commissioner, 91 T.C. 265, 268-271 (1988), affd. on other issues 875 F.2d 377 (2d Cir. 1989). We will not perform a similar adjustment for petitioners' rental payments because Pertinax actually used the space that it rented, even if it paid slightly more than respondent determined was reasonable. The evidence does not suggest to us, as it does for the unreasonable compensation, that the parties' intent and the economic substance was for funds to be transferred from the corporate partners to Mr. Munro through the partnership. We are not overly troubled by the small amount of double taxation that may result to the corporate partners from their having to pay tax on their distributive shares of Pertinax's $3,136 rental deduction disallowance. Issue 7. Additions to Tax (a) Negligence Respondent determined that petitioners Alondra and Edco are liable for the additions to tax for negligence pursuant to former section 6653(a)(1)(A) and (B).25 Section 6653(a)(1)(A) provides an addition to tax for negligence or intentional disregard of rules and regulations in the amount of 5 percent of the underpayment if any part thereof is attributable to negligence. Section 6653(a)(1)(B) imposes an addition to tax in the amount of 25Repealed effective for returns whose due date (determined without regard to extensions) is after Dec. 31, 1989. Omnibus Budget Reconciliation Act of 1989 (OBRA 89), Pub. L. 101-239, sec. 7721(c), 103 Stat. 2399. The current provisions for returns due after that date are to be found in current secs. 6662(a), (b)(1), and (c).Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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