Charles L. Wynn, Jr. - Page 13

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          (2) increase in income in the amount of $1,282 because of a State           
          and local income tax refund, and (3) partial disallowance in the            
          amount of $858 of a mortgage interest deduction.  Respondent                
          concedes on brief (1) that the income for 1986 resulting from the           
          State and local income tax refund that petitioner received during           
          that year should be $1,187, and not $1,282 as determined in the             
          notice, and (2) that during 1986 petitioner paid mortgage inter-            
          est of $19,800, and not $17,862 as determined in the notice.  In            
          light of the foregoing concessions of respondent, the underpay-             
          ment for 1986 on which the additions to tax under section                   
          6653(a)(1)(A) and (B) may be imposed may be eliminated entirely.            
               In the event that that underpayment is not eliminated,                 
          section 6653(a)(1)(A) generally imposes an addition to tax equal            
          to five percent of the entire underpayment if any part of it was            
          due to negligence or disregard of rules or regulations.  Section            
          6653(a)(1)(B) imposes a further addition to tax in an amount                
          equal to 50 percent of the interest payable with respect to the             
          portion of the underpayment that is attributable to negligence or           
          disregard of rules or regulations.12  For purposes of section               
          6653(a)(1), the term "negligence" includes any failure to make a            
          reasonable attempt to comply with the provisions of the Code, and           
          the term "disregard" includes any careless, reckless, or inten-             


          12  For purposes of sec. 6653(a)(1)(A) and (B), the underpayment            
          otherwise determined shall be reduced by any portion of such                
          underpayment that is attributable to fraud with respect to which            
          an addition to tax under sec. 6653(b) is imposed.                           



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