- 38 - trial, that petitioners’ professed reliance on Gordon, Kabeck, Krickstein, and petitioner’s other medical colleagues was not reasonable. Accordingly, we regard Thompson v. Commissioner, supra, as distinguishable from the present cases. In Klein v. United States, supra, the District Court denied the Government’s motion for summary judgment on the issue of the taxpayers’ liability for additions to tax for negligence. The District Court held that on the record before it, the issue of negligence could not be decided as a matter of law but rather was an issue to be decided by the trier of fact. In the present cases, we have addressed the issue of negligence as an issue of fact, which we have decided based on the totality of the facts and circumstances presented at trial. Thus, Klein v. United States, supra, is distinguishable from the present cases. Upon consideration of the entire record, we hold that petitioners are liable for the additions to tax for negligence under section 6653(a)(1) and (2). Respondent is therefore sustained on this issue. II. Section 6621(c) Additional Interest Section 6621(c), formerly section 6621(d), provides for additional interest in the form of an increased rate of interest (i.e., 120 percent of the normal rate under section 6601) on an underpayment of tax, but only if such underpayment exceeds $1,000Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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