Marty M. Morin and Marilee D. Morin - Page 6




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          Section 72(t) provides for a 10-percent additional tax on the               
          taxable amount of an early distribution from a qualified                    
          retirement plan.  Section 72(t)(2) provides exceptions to the tax           
          for certain types of distributions.  Petitioners did not offer              
          any evidence at trial related to this issue and failed to address           
          it on brief.  Therefore, we hold that petitioners are liable for            
          the additional tax pursuant to section 72(t).  See Rule 142(a).             
               Respondent determined that Mr. Morin is liable for an                  
          addition to tax pursuant to section 6651(a)(1) for 1993 and that            
          petitioners are liable for additions to tax pursuant to section             
          6651(a)(1) for 1994 and 1995.  Section 6651(a)(1) imposes an                
          addition to tax for failure to file a return on the date                    
          prescribed (determined with regard to any extension of time for             
          filing), unless the taxpayer can establish that such failure is             
          due to reasonable cause and not due to willful neglect.  The                
          taxpayer has the burden of proving the addition is improper.  See           
          Rule 142(a); United States v. Boyle, 469 U.S. 241, 245 (1985).              
          Petitioners presented no evidence showing that Mr. Morin filed a            
          return for 1993, that they filed returns for 1994 and 1995, or              
          that these failures to file were due to reasonable cause and not            
          due to willful neglect.  Accordingly, we hold that Mr. Morin is             
          liable for an addition to tax pursuant to section 6651(a)(1) for            
          1993 and that petitioners are liable for the additions to tax               
          pursuant to section 6651(a)(1) for 1994 and 1995.                           





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