- 7 - For the 1988 tax year, respondent determined that petitioners, pursuant to sections 6653(a)(1) and 6661, were liable for additions to tax for negligence and substantial understatements. For the 1989 through 1991 tax years, respondent determined that petitioners, pursuant to section 6662(a), were liable for accuracy-related penalties based on either negligence or substantial understatements. As with the deficiencies, petitioners bear the burden of proving that these determinations are erroneous. See Rule 142(a); Bixby v. Commissioner, 58 T.C. 757, 791 (1972). A. Additions to Tax for Negligence Section 6653(a)(1), applicable to petitioners' 1988 tax year, provides that if any part of any underpayment of tax required to be shown on a return is due to negligence, there shall be added to the tax an amount equal to 5 percent of the underpayment. The term "negligence" is defined as the failure to exercise the care that a reasonable and ordinarily prudent person would exercise under the circumstances. Zmuda v. Commissioner, 731 F.2d 1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982); Neely v. Commissioner, 85 T.C. 934, 947 (1985). Petitioners offered no plausible explanation for their failure to report significant amounts of income. As a result, we conclude that they are liable for the section 6653(a) additions to tax. B. Additions to Tax for Substantial UnderstatementPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011