Don C. and Judy Montgomery - Page 37

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             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 of                 






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