Catherine Chimblo and Estate of Gus Chimblo, Deceased, Catherine Chimblo, Executrix - Page 8

                                                 - 8 -                                                   
            addition to tax equal to 50 percent of the interest payable on                               
            the deficiency with respect to the portion of the underpayment                               
            which is attributable to negligence or intentional disregard of                              
            rules and regulations.                                                                       
                  Negligence under section 6653 is the lack of due care or                               
            failure to do what a reasonable and ordinarily prudent person                                
            would do under the same circumstances.  Neely v. Commissioner, 85                            
            T.C. 934, 947 (1985).  Petitioners bear the burden of proving                                
            that no part of the underpayments for the years in issue is due                              
            to negligence or intentional disregard of rules and regulations.                             
            Rule 142(a); Matthews v. Commissioner, 92 T.C. 351, 362 (1989),                              
            affd. 907 F.2d 1173 (D.C. Cir. 1990); Luman v. Commissioner, 79                              
            T.C. 846, 860-861 (1982).                                                                    
                  Before dealing with the question of whether petitioners were                           
            negligent in these cases, we must address the question of whether                            
            respondent properly asserted the section 6653(a)(1) and (2)                                  
            additions to tax for petitioners' 1980 taxable years.                                        
                  The version of section 6653(a)(1) and (2) relied upon by                               
            respondent was enacted by section 722(b) of the Economic Recovery                            
            Tax Act of 1981 (ERTA), Pub. L. 97-34, 95 Stat. 172, 342.  ERTA                              
            section 722(b)(2), 95 Stat. 342, provides that section 6653(a)(1)                            
            and (2) "shall apply to taxes the last date prescribed for                                   
            payment of which is after December 31, 1981."  The last date                                 
            prescribed for the payment of taxes for petitioners' 1980 taxable                            
            years was April 15, 1981.  Secs. 6072(a), 6151(a); Jacobs v.                                 




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011