- 583 - activities, and the addition to tax for negligence or intentional disregard of rules or regulations does not apply to underpayments attributable to nonfraudulent activities. Therefore, respondent agrees that for all tax years prior to 1986, even though the negligence addition to tax was determined or asserted with respect to nonfraudulent activities, the negligence addition to tax is not applicable if fraud is held applicable for the years prior to 1986. For tax years after 1985, the addition to tax for fraud applies only to the underpayment in tax attributable to fraud; therefore, a taxpayer may be held liable for the negligence addition to tax on underpayments attributable to nonfraudulent activities. Thus, with respect to Kanter, the Court holds that the negligence addition to tax is not applicable to Kanter's 1978 through 1984 tax years since the Court has held that Kanter is liable for fraud for those years. The Court, therefore, considers the negligence addition to tax relating to nonfraudulent activities for Kanter's 1986 through 1989 tax years. With respect to Ballard and Lisle, the parties agree that the additions to tax asserted against them related only to the Prudential issue. Since the Court has held that Ballard and Lisle are subject to the fraud addition to tax with respect to the Prudential activity, there are no additions to tax for negligence as to Ballard and Lisle which are to be considered by the Court.Page: Previous 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 Next
Last modified: May 25, 2011