- 38 - 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.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011