- 3 - 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 The unpublished order was entered on Sept. 28, 1999. 2 Rule 13, Rules of the Supreme Court of the United States, provides that a petition for a writ of certiorari is timely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.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011