-57- Section 6653(a) for 1976 and 1980 imposes an addition to tax if any part of an underpayment of tax is due to negligence or intentional disregard of rules or regulations. Negligence is the lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Based upon the record before us, we conclude that respondent has not satisfied her burden of proof on this issue. Thus, petitioners are not liable for the section 6653(a) additions to tax for 1976 and 1980. Issue 3. Section 6621(c) Additional Interest The third issue is whether petitioners are liable for additional interest for 1976 and 1980. Respondent determined that petitioners are liable for the increased rate of interest provided in section 6621(c) (formerly section 6621(d)). Respondent has the burden of proof on this issue with regard to 1976 (because it is a new matter raised in respondent’s amended answer) and petitioners have the burden of proof with regard to 1980. Section 6621(c) provides for an interest rate on substantial underpayments attributable to tax-motivated transactions that is 120 percent of the underpayment rate provided in section 6601. See Stanley Works & Subs. v. Commissioner, 87 T.C. 389, 413-415 (1986). Section 6621(c) applies to interest accrued after December 31, 1984, even though the transaction was entered into prior to the date of enactment of section 6621(c). Solowiejczyk v. Commissioner, 85 T.C.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
Last modified: May 25, 2011