- 13 - (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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011