Stephen D. Podd - Page 66

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          under section 6651(a)(1) and additions to tax for failure to make           
          deposit of taxes under section 6656.                                        
                                        OPINION                                       
               1.  Underpayment Due to Negligence                                     
               Section 6653(a)(1)(A) (and section 6653(a)(1)) imposes an              
          addition to tax equal to 5 percent of the underpayment of tax if any        
          part of the underpayment is due to negligence or intentional                
          disregard of rules or regulations.  Section 6653(a)(1)(B) provides          
          for an addition of 50 percent of the interest payable under section         
          6601 on the portion of the underpayment attributable to negligence          
          or intentional disregard of rules or regulations.  Section 6662(a)          
          and (b)(1) imposes a penalty equal to 20 percent of the portion of          
          the underpayment that is attributable to negligence or disregard of         
          rules or regulations.  Negligence includes a failure to make a              
          reasonable attempt to comply with the provisions of the Internal            
          Revenue laws or to exercise ordinary and reasonable care in the             
          preparation of a tax return.  Sec. 6662(c).  Negligence is a lack of        
          due care or failure to do what a reasonable and ordinarily prudent          
          person would do under the circumstances.  Zmuda v. Commissioner, 731        
          F.2d 1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982); Neely v.         
          Commissioner, 85 T.C. 934 (1985).  The term "disregard" includes any        
          careless, reckless, or intentional disregard.  Secs. 6653(a)(3),            









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