- 9 - Additions to Tax for Negligence Respondent also determined that petitioners are liable for additions to tax under section 6653(a)(1) and (2) for the 1985 taxable year, and under section 6653(a)(1)(A) and (B) for the 1987 taxable year.5 This Court has defined negligence as a lack of due care or the failure to do what a reasonable and ordinarily prudent person would do under the circumstances. McGee v. Commissioner, 979 F.2d 66, 71 (5th Cir. 1992), affg. T.C. Memo. 1991-510; Neely v. Commissioner, 85 T.C. 934, 947 (1985). Respondent made numerous adjustments, in addition to those sustained here, to petitioner's income and deductions for 1985 and 1987. Petitioners have not presented any evidence either at trial or on brief to convince us that their omissions from gross income and excess deductions were not the result of negligence. Therefore, we sustain respondent's determination. Additions to Tax for Substantial Understatement of Income Tax 5Sec. 6653 was amended by sec. 1503(a) of the Tax Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2085, 2742, effective for returns the due date of which is after Dec. 31, 1986. As amended, the 5-percent addition to tax for negligence or disregard of rules or regulations and the 50-percent interest provision formerly contained in sec. 6653(a)(1) and (2) are contained in sec. 6653(a)(1)(A) and (B), respectively.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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