- 29 - II. Additions to Tax A. Section 6653(a) Section 6653(a)(1)(A)9 imposes an addition to tax of 5 percent of the underpayment if any part of the underpayment is due to negligence or disregard of rules or regulations. Section 6653(a)(1)(B) imposes an additional addition to tax equal to 50 percent of the interest payable under 6601 with respect to the portion of the underpayment attributable to negligence, etc. Petitioner has the burden of proving error in respondent's determination that these additions to tax should be imposed against him. Goldman v. Commissioner, 39 F.3d 402, 407 (2d Cir. 9 Sec. 6653 provides, in relevant part, as follows: SEC. 6653. ADDITIONS TO TAX FOR NEGLIGENCE AND FRAUD. (a) Negligence.-- (1) In general.--If any part of any underpayment * * * is due to negligence or disregard of rules or regulations, there shall be added to the tax an amount equal to the sum of-- (A) 5 percent of the underpayment, and (B) an amount equal to 50 percent of the interest payable under section 6601 with respect to the portion of such underpayment which is attributable to negligence for the period beginning on the last date prescribed by law for payment of such underpayment * * * and ending on the date of the assessment of the tax * * *. The later amendments of this provision by sec. 1015(b)(2)(A) of the Technical and Miscellaneous Revenue Act of 1988 (Pub. L. 100-647, 102 Stat. 3342, 3569), and by sec. 7721(a) of the Omnibus Budget Reconciliation Act of 1989 (OBRA 89--Pub. L. 101- 239, 103 Stat. 2106, 2395) do not affect the instant case. As a result of OBRA 89, the substance of former sec. 6653(a) now appears in subsecs. (b)(1) and (c) of sec. 6662.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011