Bruce and Lois Zenkel, et al. - Page 31

                                       - 31 -                                         
          notice of deficiency was mailed on July 21, 1989, well before the           
          expiration of the extended limitations period.  The Davids have             
          presented no evidence that the Forms 872 were not properly                  
          executed.  Accordingly, the notice of deficiency in docket No.              
          24512-89 was issued within the statutory limitations period, as             
          extended by the parties, and the assessment in docket No. 24512-            
          89 is not barred by the statute of limitations.                             
               We note that in their respective petitions, the Selvins and            
          the Zenkels also claimed that the notices of deficiency issued in           
          their cases were barred by the statute of limitations.  However,            
          the Selvins conceded the issue at a call of the calendar on                 
          March 21, 1994, and the Zenkels conceded the issue in the                   
          stipulation of facts filed in their case.  Blount never raised a            
          statute of limitations issue.                                               
          B.  Section 6653(a)--Negligence                                             
               Respondent determined that petitioners are liable for                  
          additions to tax for negligence under section 6653(a)(1) and (2).           
          Petitioners have the burden of proving that respondent's                    
          determinations of these additions to tax are erroneous.  Rule               
          142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982).                 
               Section 6653(a)(1) imposes 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) imposes an addition to tax equal           






Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011