- 37 - determination that this amount constitutes income to petitioners. Additions to Tax and Penalty Respondent determined that petitioners are liable for the addition to tax for negligence in 1988 as prescribed by section 6653(a)(1). During 1988, section 6653(a)(1) imposed an addition to tax equal to 5 percent of an underpayment if any part of the underpayment is attributable to negligence or disregard of rules or regulations. Sec. 6653(a)(1). For this purpose, negligence is defined as "any failure to make a reasonable attempt to comply with the provisions [of the Internal Revenue Code]". Sec. 6653(a)(3). Negligence includes any "lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances." Neely v. Commissioner, 85 T.C. 934, 947 (1985) (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir. 1967), affg. in part and remanding in part 43 T.C. 168 (1964) and T.C. Memo. 1964-299); see also Hitchins v. Commissioner, 103 T.C. 711, 719 (1994). The term "disregard" includes any careless, reckless, or intentional disregard. Sec. 6653(a)(3). Petitioners bear the burden of proving that respondent's determination ofPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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