William H. Leonhart and Martha C. Leonhart v. Commissioner of Internal Revenue

This is an appeal from a judgment of the Tax Court against the taxpayers. The Commissioner determined that the taxpayers, William H. Leonhart and Martha C. Leonhart, had understated their tax liability for the years 1960 and 1961. He assessed them for a deficiency and for the five percent penalty authorized by section 6653(a), I.R.C.1954, in cases in which the underpayment “is due to negligence or intentional disregard of rules and regulations.”

The deficiency and penalty arise from the tax liability of Leonhart, Inc., which was, in the years in question, a Sub-chapter S corporation, with…