- 39 - petitioners, pursuant to the authority provided under section 6229(b)(1)(A), also extended the time for making adjustments at the partnership level, but only with respect to petitioners' partnership items (or affected items) for taxable year 1982. The respective Consents executed by petitioners were executed prior to the expiration of the section 6229(a) period of limitations on assessment for 1982, as extended by Jacobson for all partners, and such Consents were sufficient to satisfy section 6229(b)(2). See Foam Recycling Associates v. Commissioner, supra. We hold that the period of limitations for assessment of tax related to petitioners' former partnership items (or affected items) for 1982 under section 6229(a) had not yet expired when respondent issued the notices of deficiency for docket Nos. 21209-90, 22399-90, and 22466-90. Respondent is sustained on this issue. B. Section 6653(a)--Negligence In notices of deficiency for 1981 and 1982, respondent determined that each of petitioners was liable for the additions to tax for negligence under section 6653(a)(1) and (2). Petitioners have the burden of proving that respondent's determinations of these additions to tax are erroneous. Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982). Section 6653(a)(1) imposes an addition to tax equal to 5 percent of the underpayment if any part of an underpayment of taxPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011