William Whelpley, Jr. - Page 29

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             Additions to Tax and Penalty                                              
                  In the notices of deficiency, respondent determined                  
             that petitioners are liable for the additions to tax                      
             under sections 6653(a)(1)(A) and 6661 with respect to                     
             their 1987 returns, and for the penalty under section                     
             6662(a) with respect to petitioners' 1989 returns.  We                    
             note that sections 6653 and 6661 were repealed effective                  
             for returns due after December 31, 1989.  See Omnibus                     
             Budget Reconciliation Act of 1989, Pub. L. 101-239, sec.                  
             7721(c)(1) and (2), 103 Stat. 2399.  During 1987, section                 
             6653(a)(1)(A) imposed an addition to tax equal to 5 percent               
             of the underpayment of tax if any part of the underpayment                
             was due to negligence or disregard of rules or regulations.               
             Also during 1987, section 6661 imposed an addition to tax                 
             for substantial understatement of income tax for any                      
             taxable year equal to 25 percent of the underpayment                      
             attributable to the understatement.  Section 6662 imposes                 
             a penalty equal to 20 percent of the portion of an under-                 
             payment of tax which is attributable to negligence or                     
             disregard of the rules or regulations, or to a substantial                
             understatement of income tax.  Sec. 6662(b)(1) and (2).                   










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