- 26 - addition should be computed based only on the interest accruing on the underpayment that existed between the filing of the original 1983 return and the filing of the amended return in 1986. Section 6653(a)(1) provides that if any part of any "underpayment" of tax is due to negligence, there shall be added to the tax an amount equal to 5 percent of the "underpayment". Under section 6653(a)(2), in addition to the above amount, there shall be added to the tax an amount equal to 50 percent of the interest due with respect to the portion of the "underpayment" that is due to negligence. For purposes of section 6653, the term "underpayment" is defined in section 6653(c)(1) for income tax as: a deficiency as defined in * * * [section 6211] (except that, for this purpose, the tax shown on a return referred to in section 6211(a)(1)(A) shall be taken into account only if such return was filed on or before the last day prescribed for the filing of such return, determined with regard to any extension of time for such filing) * * * Therefore, for purposes of determining the existence and amount of any "underpayment" of tax for purposes of the negligence additions of section 6653(a)(1) and (2), the additional tax shown on petitioners' amended return for 1983 cannot be considered.10 Crocker v. Commissioner, 92 T.C. 899, 916 (1989); Emmons v. 10The last date prescribed for filing petitioners' Federal income tax return for 1983 was Apr. 15, 1984. Secs. 6672, 6012.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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