- 584 - Generally, if any part of a taxpayer's underpayment of income tax for a taxable year is attributable to negligence or intentional disregard of rules or regulations, section 6653(a) imposes an addition to tax equal to 5 percent of the underpayment. For returns the due date for which (determined without regard to extensions) is after December 31, 1986, section 6653(a)(1)(B) imposes an addition to tax equal to 50 percent of the statutory interest with respect to the portion of the underpayment attributable to negligence or intentional disregard of rules and regulations. See Tax Reform Act of 1986, Pub. L. 99-514, sec. 1503(a), 100 Stat. 2742. This addition to tax, equal to 50 percent of the statutory interest, was repealed by sec. 1015(b)(2)(a) of the Technical and Miscellaneous Reverse Act of 1988, Pub. L. 100-647, 102 Stat. 3569, effective for returns the due date for which (determined without regard to extensions) is after December 31, 1988. Negligence is the failure to exercise due care or the failure to do what a reasonable or ordinarily prudent person would do under the circumstances. See Zmuda v. Commissioner, 731 F.2d 1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982); Neely v. Commissioner, 85 T.C. 934, 937 (1985). Kanter contends that no additions to tax under section 6653(a) should be imposed against him because he acted reasonably. Alternatively, he argues that, to the extent hePage: Previous 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 Next
Last modified: May 25, 2011