Charles A. McGee - Page 38




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            section 6651(f) for the 1989 taxable year, and section 6663 for                            
            the 1990 taxable year is sustained.                                                        
                  Negligence                                                                           
                  Respondent contends that the negligence addition to tax                              
            under section 6653(a) for the 1987 and 1988 taxable years and the                          
            negligence penalty under section 6662(a) for the 1990 taxable                              
            year apply to the portions of the deficiencies in tax that are                             
            not subject to the fraud addition to tax (namely, the Schedule F                           
            losses, the underreported interest income in 1987, and the                                 
            Schedule C landscaping and harness-racing losses in 1990).12  The                          
            portions of the deficiencies against which the negligence                                  
            additions to tax and negligence penalty were determined relate                             
            primarily to unsubstantiated claimed Schedule C and Schedule F                             
            expenses.                                                                                  
                  Section 6653(a)(1)(A) and (a)(2), as applicable for 1987,                            
            imposes an addition to tax if any part of an underpayment of tax                           
            required to be shown on a return is due to negligence or                                   
            disregard of rules or regulations in the amount of 5 percent of                            
            the portion of the underpayment which is not attributable to                               
            fraud.  Section 6653(a)(1)(B) imposes an addition to the tax in                            
            the amount of 50 percent of the interest due with respect to the                           
            portion of the underpayment which is attributable to negligence                            

                  12 Under sec. 6664(b), the negligence penalty determined in                          
            the notice of deficiency does not apply for 1989 because                                   
            petitioner did not file a 1989 tax return.                                                 





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