- 31 - Respondent also determined additions to tax for negligence under section 6653(a)(1)(A) and (B) (for 1987) and section 6653(a)(1) (for 1988), asserting that petitioner's underpayment of income taxes in each year was due to negligence or intentional disregard of rules or regulations. For the respective years, section 6653(a)(1)(A) and section 6653(a)(1) impose an addition to tax equal to 5 percent of the underpayment if any part of the underpayment is due to negligence. For petitioner's 1987 taxable year, section 6653(a)(1)(B) imposes an addition to tax equal to 50 percent of the interest payable on the amount of the underpayment that is due to negligence. With respect to all of these additions to tax, negligence includes a lack of due care or a failure to do what a reasonable and ordinary prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Petitioner bears the burden of proving that respondent's determination of negligence is erroneous. Rule 142(a); Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972). Following our review of the record, and in light of the persuasive testimony of Mr. Roven and Ms. Martin, we hold that petitioner is not liable for any of the additions to tax determined by respondent.6 We believe that petitioner (through its management) acted as a reasonable and prudent person would 6 This holding applies to the additions to tax as they relate to both the determinations at issue and the determinations that were conceded by petitioner.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011