Investment Research Associates - Page 541




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          the assessment and collection of their Federal income taxes for              
          such years are not barred by the statute of limitations.  See                
          sec. 6501(c)(2).                                                             
          Issue 33.  The Liabilities of Kanter, Ballard, and Lisle for                 
          Additions to Tax for Negligence                                              
                                       OPINION                                         
               The Court has held that Kanter is liable for fraud additions            
          to tax for the years 1978 through 1984 and for the years 1986                
          through 1989.  The Court has also held that Ballard is liable for            
          the fraud addition to tax for the years 1975 through 1982, for               
          the year 1984, and for the years 1987 through 1989.  The Court               
          has further held that Lisle is liable for the fraud addition to              
          tax for the year 1984 and the years 1987 through 1989.                       
               In the notices of deficiency and/or in amended pleadings,               
          respondent also determined and/or asserted the additions to tax              
          for negligence or intentional disregard of rules or regulations              
          against Kanter under section 6653(a) with respect to activities              
          other than the Prudential activities as to which the Court has               
          concluded that the fraud addition to tax is applicable.63                    
               Respondent agrees on brief that for years prior to 1986, if             
          the addition to tax for fraud is applicable, the amount of the               
          fraud addition to tax is calculated on the entire underpayment of            
          tax, including underpayments relating to nonfraudulent                       

          63                                                                           
               See supra note 3 outlining the various versions of section              
          6653(a) in effect during the years at issue.                                 





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