- 6 - under section 6653(a) for negligence and the valuation overstatement addition to tax under section 6659. Discussion This case is one of many cases involving additions to tax resulting from the plastics recycling scheme. See, e.g., Grelsamer v. Commissioner, T.C. Memo. 1996-399, affd. without published opinion sub nom. Morgan v. Commissioner, 138 F.3d 957 (11th Cir. 1998). Except for a few cases that involved exceptional circumstances, the Court has upheld the imposition of the additions to tax. See Grelsamer v. Commissioner, supra at n.2. This case is similar to the many cases that have fallen on the other side of the line. A. Section 6653(a)--Negligence In a notice of deficiency for 1982 respondent determined that petitioner is liable for the additions to tax for negligence under section 6653(a)(1) and (2). Petitioner has the burden of proving that respondent's determinations of these additions to tax are erroneous. See Rule 142(a); Goldman v. Commissioner, 39 F.3d 402, 407 (2d Cir. 1994), affg. T.C. Memo. 1993-480; Luman v. Commissioner, 79 T.C. 846, 860-861 (1982). Section 6653(a)(1) imposes an addition to tax equal to 5 percent of the underpayment if any part of an underpayment of tax is due to negligence or intentional disregard of rules or regulations. Section 6653(a)(2) imposes an addition to tax equalPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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