Mark N. and Marla R. Kantor - Page 25

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            petitioners have not shown that the Appeals officer had the                               
            authority to enter into any other promises or bargains that may                           
            have been reached, Klein v. Commissioner, 899 F.2d 1149, 1152                             
            (11th Cir. 1990) (statutory requirements of closing agreements                            
            are exclusive and strictly construed).  We find that petitioners                          
            have not discharged their burden of proof and have failed to show                         
            that any of the written consents were invalid.  Kronish v.                                
            Commissioner, supra at 692.  Respondent issued the notice of                              
            deficiency to petitioners within the period of limitations as                             
            extended by petitioners' consents.                                                        
                  ii.  Negligence                                                                     
                  As an alternative to fraud for each of the tax years in                             
            question, respondent determined a 5-percent addition to tax on                            
            underpayments, sec. 6653(a)(1), and for the years 1982 through                            
            1985 an additional penalty of 50 percent of interest due on the                           
            underpayment under section 6653(a)(2), based on her determination                         
            of petitioner's negligence.  Section 6653(c)(1) defines an                                
            underpayment for purposes of this section as the excess of the                            
            amount of tax required to be shown on the return over the amount                          
            of tax shown on the return, except that the amount of tax shown                           
            is disregarded if the return was not filed within the prescribed                          
            time period.  Negligence is defined as the lack of due care or                            
            failure to do what an ordinarily prudent person would do under                            
            the circumstances.  Bassett v. Commissioner, 67 F.3d 29, 31 (2d                           
            Cir. 1995), affg. 100 T.C. 650 (1993); Marcello v. Commissioner,                          




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