- 18 - III. Additions to Tax A. Negligence Respondent has determined additions to tax under section 6653(a)(1)(A) and (B) for both 1986 and 1987. Section 6653(a)(1)(A) imposes an addition to tax equal to 5 percent of the entire underpayment if any portion of such underpayment is due to negligence. Section 6653(a)(1)(B) imposes an addition to tax equal to 50 percent of the interest payable under section 6601 with respect to the portion of the underpayment due to negligence. Negligence is lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances. E.g., Neely v. Commissioner, 85 T.C. 934, 947 (1985). Petitioner was unable to carry his burden of proving that Ballard Marine had the objective of making a profit. However, the mere fact that petitioner’s proof was inadequate does not require us to find that the underpayment with respect to the charter activity was due to negligence. In another recent yacht case, we found no negligence based in part on the passive role of the taxpayer in the decision to engage in the charter activity. Antonides v. Commissioner, supra at 700. Petitioner’s role here certainly was not passive. Nevertheless, we find another mitigating circumstance. Both Ballard Marine’s and petitioner’s returns were prepared by an employee of Barry M. Strauss Associates, Ltd. (Associates). Associates had been retained byPage: 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