Melvin J. Laney and Carolyn A. Laney - Page 53

                                               - 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

Last modified: May 25, 2011