Stanley and Jean Cohen - Page 8

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                                       OPINION                                        
               Petitioners bear the burden of proving that they are not               
          liable for additions to tax under sections 6651(a)(1), 6653(a),             
          and 6661.  Rule 142(a).                                                     
          1.   Section 6651(a)(1)                                                     
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file an income tax return by the prescribed due date (including             
          any extensions).  The amount of the addition is 5 percent of the            
          amount of tax required to be shown on the return for each month             
          that the delinquency continues, up to a maximum of 25 percent.              
          The addition to tax does not apply when the failure to file was             
          due to reasonable cause and not due to willful neglect.  Sec.               
          6651(a)(1).  To establish reasonable cause a taxpayer must                  
          demonstrate that he exercised ordinary business care and prudence           
          but was nevertheless unable to file within the prescribed time              
          period.  Sec. 301.6651-1(c), Proced. & Admin. Regs.                         
               Petitioners contend that they exercised ordinary business              
          care and prudence in relying on the advice of a certified public            
          accountant that it was more appropriate to file a late return               
          than to file a timely return on the basis of incomplete and                 
          inaccurate information.  They argue that such reliance                      
          constitutes reasonable cause, citing United States v. Boyle, 469            
          U.S. 241, 251 (1985).  We disagree.                                         







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