- 20 - Madison was certainly not prudent, and his failure to obtain expert tax advice regarding the merits of the tax scheme was negligent. Accordingly, the additions to tax under section 6653 are sustained. See Barlow v. Commissioner, 301 F.3d 714, 724 (6th Cir. 2002), affg. T.C. Memo. 2000-339. Anticipating the potential application of section 6653(a)(2), petitioners assert that respondent has incorrectly computed the underpayment of tax which is attributable to negligence and subject to the addition to tax, based upon 50 percent of the interest payable under section 6601. Petitioners argue to reduce the deficiencies in 1981 and 1982 computed under section 6211(a)(1), despite respondent’s repayment of the $189,769 with interest. Petitioners rely upon the definition of deficiency in section 6211 and argue they made a payment which should be characterized as an amount collected without assessment as a deficiency under section 6211(a)(1)(B). They further argue this amount should not be reduced by the subsequent repayment because that repayment was not a rebate under section 6211(a)(2). There is a body of law holding that the deficiency procedures may not be used to correct amounts collected and then erroneously refunded because such erroneous payments are not rebates. See, e.g., O’Bryant v. United States, 49 F.3d 340 (7th Cir. 1995). In addition, amounts characterized as payments of tax are notPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007