Joseph P. and Mary B. McDonald - Page 11




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          additions to tax for 1983 and 1984 of $764 and $18 under section            
          6653(a)(1), and 50 percent of the interest due on a $15,285                 
          deficiency and on a $359 deficiency under section 6653(a)(2).               
          Respondent also determined that petitioners are liable for an               
          addition to tax for 1983 in the amount of $3,821 under section              
          6661(a).                                                                    
                                   Discussion                                         
          Negligence                                                                  
               Section 6653(a)(1) imposes an addition to tax equal to 5               
          percent of the underpayment of tax if any part of the                       
          underpayment is attributable to negligence or intentional                   
          disregard of rules or regulations.  Section 6653(a)(2) provides             
          for a further addition to tax equal to 50 percent of the interest           
          due on the portion of the underpayment attributable to negligence           
          or intentional disregard of rules or regulations.  Negligence is            
          defined to include “any failure to reasonably comply with the Tax           
          Code, including the lack of due care or the failure to do what a            
          reasonable or ordinarily prudent person would do under the                  
          circumstances.”  Merino v. Commissioner, 196 F.3d 147, 154 (3d              
          Cir. 1999) (quoting Heasley v. Commissioner, 902 F.2d 380, 383              
          (5th Cir. 1990)), affg. T.C. Memo. 1997-385.                                
               Petitioners’ primary argument is that they were not                    
          negligent because they relied on advice from Mr. Trimboli.                  
          Reasonable reliance on professional advice may be a defense to              






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