- 9 - petitioner bears the burden of proof with respect to the additions to tax under section 6653(a) and the increased interest under section 6621(c). Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982). Respondent raised the section 6661 addition to tax by affirmative allegation in the answer and, accordingly, bears the burden of proof with respect to that item. Rule 142(a); Vecchio v. Commissioner, 103 T.C. 170, 196 (1994). For 1980, section 6653(a), and for the 1981 through 1983 tax years, section 6653(a)(1) impose an addition to tax equal to 5 percent of the underpayment if any part of an underpayment of tax is due to negligence or intentional disregard of rules or regulations. Section 6653(a)(2) for 1981, 1982, and 1983 imposes an addition to tax equal to 50 percent of the interest payable with respect to the portion of the underpayment attributable to negligence or intentional disregard of rules or regulations. Negligence is defined as the failure to exercise the due care that a reasonable and ordinarily prudent person would employ under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). The question is whether a particular taxpayer's actions in connection with the transactions were reasonable in light of his experience and the nature of the investment or business. See Henry Schwartz Corp. v. Commissioner, 60 T.C. 728, 740 (1973). When considering the negligence addition to tax, we evaluate the particular facts of each case, judging the relative sophistication of the taxpayers, as well as the manner in whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011