John Sann and Marianne Sann, et al. - Page 39

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          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 tax           






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