§ 133. Additions to tax and civil penalties. (a) Failure to file tax\nreturn.--In case of failure to file a tax return under this title on or\nbefore the prescribed date (determined with regard to any extension of\ntime for filing), unless it is shown that such failure is due to\nreasonable cause and not due to willful neglect, there shall be added to\nthe amount required to be shown as tax on such return five per cent of\nthe amount of such tax if the failure is for not more than one month,\nwith an additional five per cent for each additional month or fraction\nthereof during which such failure continues, not exceeding twenty-five\nper cent in the aggregate. For this purpose, the amount of tax required\nto be shown on the tax return shall be reduced by the amount of any part\nof the tax which is paid on or before the date prescribed for payment of\nthe tax and by the amount of any credit against the tax which may be\nclaimed upon the return.\n (b) Deficiency due to negligence.--If any part of a deficiency is due\nto negligence or intentional disregard of this title or rules or\nregulations hereunder (but without intent to defraud), there shall be\nadded to the tax an amount equal to five per cent of the deficiency.\n (c) Failure to file declaration or underpayment of estimated tax.--If\nany taxpayer fails to file a declaration of estimated tax or fails to\npay all or any part of an installment of estimated tax, he shall be\ndeemed to have made an underpayment of estimated tax. There shall be\nadded to the tax for the taxable year an amount at the rate set by the\ncommissioner of finance pursuant to section one hundred forty-five, or,\nif no rate is set, at the rate of six per centum per annum upon the\namount of the underpayment for the period of the underpayment but not\nbeyond the fifteenth day of the fourth month following the close of the\ntaxable year. The amount of underpayment shall be the excess of the\namount of the installment which would be required to be paid if the\nestimated tax were equal to ninety per cent of the tax shown on the\nreturn for the taxable year (or if no return was filed, ninety percent\nof the tax for such year) over the amount, if any, of the installment\npaid on or before the last day prescribed for such payment. No\nunderpayment shall be deemed to exist with respect to a declaration or\ninstallment otherwise due on or after the taxpayer's death. In any case\nin which there would be no underpayment if this subdivision were applied\nby substituting "eighty percent" for "ninety percent" where it appears\nin the second preceding sentence, the addition to tax under this\nsubdivision shall be equal to seventy-five percent of the amount\notherwise determined under this subdivision.\n (d) Exception to addition for underpayment of estimated tax.--The\naddition to tax under subdivision (c) with respect to any underpayment\nof any installment shall not be imposed of the total amount of all\npayments of estimated tax made on or before the last date prescribed for\nthe payment of such installment equals or exceeds whichever of the\nfollowing is the lesser--\n (1) The amount which would have been required to be paid on or before\nsuch date if the estimated tax were whichever of the following is the\nleast--\n (A) The tax shown on the return of the taxpayer for the preceding\ntaxable year, if a return showing a liability for tax was filed by the\ntaxpayer for the preceding taxable year and such preceding year was a\ntaxable year of twelve months, or\n (B) An amount equal to the tax computed, at the rates applicable to\nthe taxable year, but otherwise on the basis of the facts shown on his\nreturn for, and the law applicable to, the preceding taxable year, or\n (C) An amount equal to ninety per cent of the tax for the taxable year\ncomputed by placing on an annualized basis the unincorporated business\ntaxable income for the months in the taxable year ending before the\nmonth in which the installment
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