- 111 - 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 ordinarilyPage: Previous 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Next
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