- 13 - Commissioner, 43 T.C. 50, 54-56 (1964), affd. 360 F.2d 358 (4th Cir. 1965). There is substantive identity between the elements that we consider in determining the imposition of additions to tax for fraud under former section 6653(b)(1) and under current sections 6651(f) and 6663. See Clayton v. Commissioner, 102 T.C. 632, 653 (1994). Accordingly, a conviction (or guilty plea) under section 7201 collaterally estops a taxpayer from denying fraud for purposes of section 6651(f). We conclude and hold that petitioner is collaterally estopped from denying liability for the addition to tax under section 6651(f). Negligence for 1988 As in effect with respect to petitioner’s 1988 taxable year, section 6653(a) imposes an addition to tax equal to 5 percent of any underpayment, any part of which is attributable to negligence. “Negligence is lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances.” Neely v. Commissioner, 85 T.C. 934, 947 (1985). A taxpayer’s failure to file a return is prima facie evidence of negligence. See Emmons v. Commissioner, 92 T.C. 342, 349-350 (1989), affd. 898 F.2d 50 (5th Cir. 1990). Petitioner has not challenged the addition to tax under section 6653(a), and the evidence does not establish any adequate or reasonable excuse or justification for petitioner’s failure to file. Accordingly, we sustain respondent’s determination that petitioner is liablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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