- 53 - base for the negligence additions to tax. Sec. 6653(c), now to be found in sec. 6664(a). Consequently, we hold, for respondent, that for each of the years in issue19 the entire underpayment of tax is due to petitioners’ negligence. C. Section 6661(a) Section 6661(a)20 imposes an addition to tax of 25 percent of the amount of any underpayment attributable to a substantial understatement of tax. Cochrane v. Commissioner, 107 T.C. 18, 29 (1996); Pallottini v. Commissioner, 90 T.C. 498 (1988). An understatement is substantial if it exceeds the greater of 10 percent of the correct tax or $5,000. Sec. 6661(b)(1)(A). (Our 19 See Emmons v. Commissioner, 92 T.C. 342, 347-351 (1989), affd. 898 F.2d 50 (5th Cir. 1990), as to the effect that the late filing of petitioners’ 1987 tax return would have on the negligence addition for 1987. We have not engaged in an Emmons- type analysis in the instant case because the parties did not present the point, and such an analysis would not affect the conclusions we reached on different grounds. 20 SEC. 6661. SUBSTANTIAL UNDERSTATEMENT OF LIABILITY. (a) Addition to Tax.--If there is a substantial understatement of income tax for any taxable year, there shall be added to the tax an amount equal to 25 percent of the amount of any underpayment attributable to such understatement. Sec. 6661 was repealed by sec. 7721(c)(2) of OBRA 89, 103 Stat. 2399. The substance of former sec. 6661 now appears as secs. 6662(b)(2), 6662(d), and 6664(c)(1).Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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