- 25 - respect to such portion. Respondent’s determination in a negligence case is presumptively correct, and petitioner has the burden of proving that it was not negligent, or that there was “reasonable cause” for the error, and that it acted “in good faith”:8 The section 6653(a) additions[9] involve negligence or intentional disregard of rules and regulations. The burden of proof as to such additions is upon petitioners. * * * They have submitted no evidence whatever in this respect. These additions must therefore be sustained. Lair v. Commissioner, 95 T.C. 484, 493 (1990). Petitioner introduced no evidence to meet its burden of proof to show “reasonable cause” for the errors or to show that it acted in good faith. We therefore sustain respondent's determination that petitioner is liable for the accuracy-related penalty on the deficiencies. To give effect to the foregoing, Decision will be entered under Rule 155. 8See supra note 6. 9The negligence accuracy-related penalty was formerly an addition to tax under former sec. 6653(a). The negligence provisions were revised and moved to sec. 6662 by the Omnibus Budget Reconciliation Act of 1989, Pub. L. 101-239, sec. 7721(c)(1), 103 Stat. 2399.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Last modified: May 25, 2011