- 28 - for an addition to tax equal to 5 percent of the underpayment of tax if any part of such underpayment is due to negligence or intentional disregard of rules or regulations. Section 6653(a)(2), as in effect for 1981 and 1982, provides for an addition to tax of 50 percent of the interest on that portion of the underpayment attributable to negligence. Negligence under section 6653(a) is the failure to do what a reasonable or ordinarily prudent person would do under the circumstances. Zmuda v. Commissioner, 731 F.2d at 1422; Neely v. Commissioner, 85 T.C. 934, 947 (1985). Petitioners advance several arguments in an attempt to convince the Court that no addition to tax under section 6653(a) or section 6653(a)(1) and (2) is appropriate. Each argument, however, is self-serving and without merit. Petitioners first argue that section 6653's extensive history of amendments suggests that the section is inherently flawed, and, as such, should not be applied against them. We reject such an argument. Petitioners next argue that respondent has treated various taxpayers in the McIntyre-CN litigation project differently with respect to the application of section 6653. This argument must be rejected because it is the well-established position of this Court that our responsibility is to apply the law to the facts of the case before us and to determine the tax liability of the taxpayer in that case. Davis v. Commissioner, 65 T.C. 1014, 1022Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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