- 25 - 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,Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011