Cheng C. and Susan L. Kao, et al. - Page 7

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                  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 Understatement                                 




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