Stanley J. Zaban and Shirley A. Zaban - Page 30

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             rules or regulations.  As an alternative to the fraud additions to                                   
             tax and penalty for 1986 through 1989, respondent determined                                         
             additions to tax for negligence or disregard of rules or                                             
             regulations pursuant to sections 6653(a)(1)(A) and (a)(1)(B) for                                     
             1986 and 1987 and section 6653(a)(1) for 1988 and an accuracy-                                       
             related penalty pursuant to section 6662 for 1989.                                                   
                    The addition to tax for negligence or disregard of rules or                                   
             regulations, or the accuracy-related penalty, cannot be imposed on                                   
             one spouse (here, Mrs. Zaban) where the other spouse (here, Mr.                                      
             Zaban) is liable for fraud.  Unlike the fraud addition to tax which                                  
             is imposed on each spouse separately even if a joint return is                                       
             filed, sec. 6663(c); sec. 301.6653-1(f), Proced. & Admin. Regs.,                                     
             the negligence addition to tax and the accuracy-related penalty                                      
             apply jointly and severally.  Thus, where a joint return is filed                                    
             and one spouse is liable for fraud with respect to the entire                                        
             underpayment, the imposition of the negligence addition to tax or                                    
             accuracy-related penalty with respect to the other spouse would                                      
             result in impermissible stacking.  Sec. 6662(b); Aflalo v.                                           
             Commissioner, T.C. Memo. 1994-596; Minter v. Commissioner, T.C.                                      
             Memo. 1991-448; Congelliere v. Commissioner, T.C. Memo. 1990-265.                                    
             Thus, we hold that Mrs. Zaban cannot be liable, and thus is not                                      
             liable, for the additions to tax for negligence or disregard of                                      
             rules or regulations, or the accuracy-related penalty  for                                           
             negligence or disregard of rules or regulations, for 1986 through                                    
             1989.                                                                                                



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