Gilfred B. and Patricia Swartz - Page 10




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          (b) the activities of Utah I did not constitute a trade or                  
          business, nor was there a realistic prospect of Utah I ever                 
          entering into a trade or business.  Id.                                     
               Following the entry of the decision concerning the                     
          partnership, respondent adjusted petitioners’ return by                     
          disallowing their claimed share of the partnership loss, $12,407.           
          In the statutory notice of deficiency which provides the basis              
          for our jurisdiction in this case, respondent determined that               
          petitioners are liable for additions to tax under section                   
          6653(a)(1) and (2) in the respective amounts of $198.20 and 50              
          percent of the interest due on a $3,964 deficiency.                         
          Discussion                                                                  
               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              








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