Bruce A. and Kathy J. Krist - Page 14




                                       - 14 -                                         

          The addition equals 5 percent for each month that the return is             
          late, not to exceed 25 percent.  Sec. 6651(a)(1).  Additions to             
          tax under sections 6651(a)(1) are imposed unless the taxpayer               
          establishes that the failure was due to reasonable cause and not            
          willful neglect.  Petitioners must prove both reasonable cause              
          and a lack of willful neglect.  Crocker v. Commissioner, 92 T.C.            
          899, 912-913 (1989).  "Reasonable cause" requires the taxpayers             
          to demonstrate that they exercised ordinary business care and               
          prudence.  United States v. Boyle, 469 U.S. 241, 246 (1985).                
          Willful neglect is defined as a "conscious, intentional failure             
          or reckless indifference."  United States v. Boyle, Id. at 245.             
               Petitioners filed their 1995 Federal income tax return                 
          electronically on May 14, 1996.  They did not testify as to why             
          they did not file their return on time.  They failed to prove               
          that they had reasonable cause for their late filing and that               
          there was a lack of willful neglect.  Therefore, we hold that               
          petitioners are liable for the section 6651(a)(1) addition to               
          tax.                                                                        
               To reflect the foregoing,                                              


                                             Decision will be entered                 
                                        under Rule 155.                               











Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  

Last modified: May 25, 2011