Raymond Strong - Page 29

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                                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.                        



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