- 2 - Additions to tax Sec.1 Sec. Sec. Year 6653(a)(1) 6653(a)(2) 36661 1983 $685.50 2$29,095.94 $3,427.50 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 shows this amount as the sum of the additions to tax under sec. 6653(a)(1) and (2), i.e., $29,781. 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 concessions by the parties,1 the issues for decision are as follows: (1) Whether petitioner William G. Kellen (petitioner) is liable for additions to tax under section 6653(a)(1) and (2) for negligence or intentional disregard of rules or regulations. We hold that petitioner is liable for such additions. (2) Whether petitioner is liable for the addition to tax under section 6661 for substantial understatement of tax 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). Respondent concedes, and petitioner William G. Kellen does not dispute, that pursuant to sec. 6015, petitioner Debra C. Kellen is entitled to relief from joint and several liability for the additions to tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011