M.I.C. Limited - Page 24

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          applicability of these penalties.  The amount of these penalties            
          is left to be computed under Rule 155.                                      
               Respondent also determined that Beverly is liable for an               
          addition to its 1988 tax for negligence.  See sec. 6653(a).                 
          Section 6653(a) imposes an addition to tax equal to 5 percent of            
          the underpayment attributable to negligence.  For this purpose,             
          negligence is defined similarly to the definition set forth above           
          for section 6662.  The failure to file timely a tax return is               
          prima facie evidence of negligence.  Emmons v. Commissioner,                
          92 T.C. 342, 349 (1989), affd. 898 F.2d 50 (5th Cir. 1990).                 
          Beverly bears the burden of proving respondent wrong.  Rule                 
          142(a);  Welch v. Helvering, supra.                                         
               We hold that Beverly has not met the burden of proof, and we           
          sustain respondent's determination on the applicability of this             
          addition to tax.  The amount of this addition to tax is left to             
          be computed under Rule 155.                                                 
               We have considered all arguments made by the parties for               
          contrary holdings and, to the extent not discussed above, find              
          them to be irrelevant or merit.                                             
               To reflect the foregoing,                                              
                                                  Decisions will be entered           
                                             under Rule 155.                          









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