- 21 - We disagree. See Hudson v. United States, 522 U.S. __, 118 S. Ct. 488 (1997); Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963); Helvering v. Mitchell, 303 U.S. 391 (1938); Grimes v. Commissioner, 82 F.3d 286 (9th Cir. 1996); and I & O Publg. Co. v. Commissioner, 131 F.3d 1314 (9th Cir. 1997), affg. Ward v. Commissioner, T.C. Memo. 1995-286, which are controlling on this issue in favor of respondent. Because a part of petitioners' underpayment of tax for each year in issue was due to fraud, the assessment of tax deficiencies for each year is not barred by the statute of limitations. Sec. 6501(c)(1); Meier v. Commissioner, 91 T.C. 273, 303 (1988). Respondent determined that the negligence addition to tax under section 6653(a) applies to the portion of the deficiencies in tax for 1986, 1987, and 1988 that are not subject to the fraud addition to tax (namely, the entire amount of the deficiencies other than that portion attributable to petitioner’s share of Cal Ben's unreported sales). The portions of the deficiencies against which the negligence additions to tax were determined relate primarily to unsubstantiated claimed partnership business expenses and the inclusion of repairs in petitioners' calculation of the tax basis on the Aptos residence, issues which the parties have settled. The negligence addition to tax will apply if, among other things, the taxpayer fails to maintain adequate books and recordsPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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