Investment Research Associates - Page 543




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               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          equal to 50 percent of the statutory interest, was repealed by               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 he                 






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