Frances L. and Gary L. Rambacher - Page 3




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          petitioners' liability for negligence for 1981 was decided by               
          this Court in the case of Rambacher v. Commissioner, T.C. Memo.             
          1998-124, affd. without published opinion 194 F.3d 1313 (6th Cir.           
          1999)(Rambacher I).1  Petitioners were found liable for the                 
          additions to tax pursuant to sections 6653(a)(1) and (2) for                
          1981.  Pursuant to section 7481(a)(2)(A), the decision in                   
          Rambacher I became final on December 28, 1999, the date on which            
          the time allowed for filing a petition for a writ of certiorari             
          with the U.S. Supreme Court expired.2                                       
               In the instant case, respondent, in a notice of deficiency             
          dated March 5, 1996, determined that petitioners were liable for            
          additions to tax pursuant to section 6653(a)(1) and section                 
          6653(a)(2) for the 1983 tax year.                                           
               Section 6653(a)(1) provides for an addition to tax equal to            
          5 percent of any underpayment if any part of the underpayment is            
          due to negligence or intentional disregard of rules or                      
          regulations.  Section 6653(a)(2) provides for an addition to tax            
          in the amount of 50 percent of the interest payable on the                  
          portion of any underpayment of tax which is attributable to                 
          negligence or intentional disregard of rules or regulations.                

          1    The order of the Court of Appeals for the Sixth Circuit                
          lists petitioner wife as “Francis L. Rambacher” in the case                 
          caption.  The unpublished order was entered on Sept. 28, 1999.              
          2    Rule 13, Rules of the Supreme Court of the United States,              
          provides that a petition for a writ of certiorari is timely when            
          filed within 90 days after entry of the judgment.                           





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