- 9 - petitioners computed their tax based on past income history or that it was consistent with the computation of tax for any prior year. Respondent appropriately voided petitioners’ 1989 extension because petitioners failed to estimate properly their tax liability, as required under Crocker v. Commissioner, supra. Thus, respondent’s determination that petitioners are liable for the section 6651(a)(1) addition to tax for 1989 will be sustained. Section 6653(a)(1)(A) and (B) and Section 6653(a)(1) Respondent determined that petitioners are liable for the section 6653(a)(1)(A) and (B) addition to tax for 1987 and the section 6653(a)(1) addition to tax for 1988. Section 6653(a)(1)(A) and section 6653(a)(1) impose an addition to tax equal to 5 percent of the underpayment if any part of the underpayment is due to negligence or intentional disregard of rules or regulations. Section 6653(a)(1)(B) imposes an addition to tax equal to 50 percent of the interest due on the portion of the underpayment attributable to negligence. Negligence is defined as a lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992), affg. T.C. Memo. 1991-179; Neely v. Commissioner, 85 T.C. 934, 947-948 (1985). Petitioners bear the burden of proving thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011