- 24 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Last modified: May 25, 2011