Allan J. and Brenda Becker - Page 25

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          1291 (1981).                                                                
          B.  Section 6653(a)--Negligence                                             
               In a notice of deficiency, respondent determined that                  
          petitioner Allan J. Becker was liable for the additions to tax              
          for negligence under section 6653(a)(1) and (2) for 1982.10                 
          Petitioner has the burden of proving that respondent's                      
          determination of these additions to tax are erroneous.  Rule                
          142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982).  In             
          her answer, respondent asserted that both petitioners were liable           
          for the addition to tax for negligence under section 6653(a) for            
          1979; that petitioner Allan J. Becker was liable for additions to           
          tax for negligence under section 6653(a)(1) and (2) for 1981; and           
          increased the amount of the deficiency subject to section                   
          6653(a)(2) for 1982.  Because these additions to tax were raised            
          for the first time, or increased, in her answer, the burden of              
          proof to that extent is shifted to respondent.  Rule 142(a);                
          Vecchio v. Commissioner, 103 T.C. 170, 196 (1994); Bagby v.                 


          9(...continued)                                                             
          Becker moot.  The parties stipulated that she is not liable for             
          any tax, interest, or additions to tax resulting from any losses            
          or investment tax and business energy credits claimed by                    
          petitioner on his 1981 and 1982 tax returns as a result of his              
          participation in the Plastics Recycling Program.  The 1979                  
          deficiency and addition to tax resulted exclusively from the                
          carryback of an unused business energy credit claimed by                    
          petitioner in 1982, as a result of his participation in SAB                 
          Recovery.                                                                   
          10   In the notice of deficiency issued for taxable year 1982,              
          respondent referred to sec. 6653(a)(2) as sec. 6653(a)(1)(B).               




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