Northwestern Indiana Telephone Company - Page 88

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                                       IV. Additions to Tax                                            

            Sections 6653(a) and 6662 Additions For Negligence Or Intentional                          
            Disregard of Rules and Regulations                                                         

                  In the notice of deficiency issued to NITCO, respondent                              
            determined that NITCO was liable for additions to tax for                                  
            negligence or intentional disregard of rules or regulations (1)                            
            under section 6653(a), equal to 5 percent of the respective                                
            underpayments for 1987 and 1988, and (2) under section 6662,                               
            equal to 20 percent of a portion of the underpayment for 1989.                             
            Respondent determined that the 20-percent addition under section                           
            6662 should apply with respect to a $117,547 portion of the                                
            underpayment for 1989.  Respondent further determined that NITCO                           
            was liable for an addition to tax under section 6653(a)(1)(B) for                          
            1987.  Under section 6653(a)(1)(B), an addition to tax (equal to                           
            50 percent of the interest payable under section 6601) is imposed                          
            with respect to the portion of the underpayment attributable to                            
            negligence.  Respondent determined that the portion of the 1987                            
            underpayment resulting from NITCO's improper deduction of                                  
            $467,673 in legal expenses was attributable to negligence on                               
            NITCO's part.                                                                              
                  In the notice of deficiency issued to the Mussmans,                                  
            respondent determined the Mussmans were liable for additions to                            
            tax for negligence or intentional disregard of rules or                                    
            regulations (1) under section 6653(a), equal to 5 percent of the                           
            underpayment for 1988, and (2) under section 6662, equal to 20                             



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