Anthony N. and Marie M. Finazzo - Page 2





                                        - 2 -                                         

                            Additions to Tax                                          
               Sec.1            Sec.            Sec.                                  
               Year       6653(a)(1)      6653(a)(2)      36661                       
          1983        $618           2$12,355         $3,089                          

                    1 Throughout this opinion and unless otherwise                    
               indicated, all section references are to the Internal                  
               Revenue Code in effect for the taxable year in issue.                  
                    2 The first page of the notice of deficiency                      
               mistakenly equates the amount of this addition to tax with             
               the amount of the deficiency in income tax (see infra,                 
               subdivision “I” of the Findings of Fact).  Prior to trial,             
               respondent amended his answer to claim an increased                    
               addition to tax pursuant to sec. 6214(a).  The increase,               
               in the amount of $17,877, is purely computational in                   
               nature.                                                                
                    3 The first page of the notice of deficiency                      
               mistakenly references sec. 6662(d), which section is the               
               successor to sec. 6661 and is applicable for returns the               
               due date for which (determined without regard to                       
               extensions) is after December 31, 1989.  See Omnibus                   
               Budget Reconciliation Act of 1989, Pub. L. 101-239, sec.               
               7721(a), (c)(2), (d), 103 Stat. 2395-2400.                             
               After a concession by petitioners,1 the issues for decision            
          are as follows:                                                             
               (1) Whether petitioners are liable for additions to tax                
          under section 6653(a)(1) and (2) for negligence or intentional              
          disregard of rules or regulations.  We hold that petitioners are            
          liable for such additions.                                                  
               (2) Whether petitioners are liable for the addition to tax             
          under section 6661 for substantial understatement of tax                    
          liability.  We hold that petitioners are liable for such                    


               1 Petitioners concede that the notice of deficiency is                 
          valid.  Cf. Scar v. Commissioner, 814 F.2d 1363 (9th Cir. 1987),            
          revg. 81 T.C. 855 (1983).                                                   





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