United Parcel Service of America - Page 23




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          the terms of the policy and that these amounts were passed on to            
          OPL.  If that is so, respondent can no doubt question the                   
          deductibility of those payments in subsequent years.  But there             
          appears to be no question that the premium payments to Liberty              
          Mutual in 1984 were required by the policy, the policy was valid,           
          and by the written terms of the policy risk was shifted.  We                
          reject respondent's argument that premiums paid in 1984 were not            
          deductible by petitioner.                                                   
          IV. Additions to Tax                                                        
               Respondent determined that petitioner is liable for                    
          additions to tax for negligence under section 6653(a)(1) and (2)            
          for 1984.  Section 6653(a)(1) imposes a 5-percent addition to tax           
          if any part of any underpayment of tax required to be shown on a            
          return is due to negligence or intentional disregard of rules or            
          regulations.  Section 6653(a)(2) provides for a separate addition           
          to tax equal to 50 percent of the interest payable on the portion           
          of the underpayment attributable to negligence or intentional               
          disregard of rules or regulations.  Respondent's determination is           
          presumed correct, and petitioner bears the burden of proving                
          otherwise.  See Rule 142(a); Bixby v. Commissioner, 58 T.C. 757,            
          791-792 (1972).                                                             
               Negligence within the meaning of section 6653(a) has been              
          defined as the failure to do what a reasonable and ordinarily               







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