Kenneth W. and Fayetta Graves - Page 11

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          amount.  To meet this burden, the Commissioner must come forward            
          with sufficient evidence indicating that it is appropriate to               
          impose the relevant penalty.  See Higbee v. Commissioner, supra.            
          If the Commissioner carries this burden, taxpayers then bear the            
          burden of showing that the addition or penalty does not apply;              
          i.e., that there was reasonable cause, substantial authority,               
          etc.  Id.                                                                   
               Petitioners failed to timely file their 1996 return.  In               
          order to be relieved of the addition to tax, petitioners must               
          establish that their failure was due to reasonable cause and not            
          willful neglect.  Id.; see sec. 6651(a)(1).  Reasonable cause is            
          shown when “the taxpayer exercised ordinary business care and               
          prudence and was nevertheless unable to file the return within              
          the prescribed time”.  Sec. 301.6651-1(c)(1), Proced. & Admin.              
          Regs.                                                                       
               Petitioners’ 1996 return was due on August 15, 1997, upon              
          expiration of their filing extension.  Petitioners did not                  
          request a second extension.  Instead, petitioners contend they              
          were not able to file their return until April 16, 1999, because            
          they were waiting for the final loss figure from the KPS                    
          bankruptcy proceeding.  Petitioners’ argument falls short,                  
          however, because they knew the amount of the loans made to KPS.             
          In addition, petitioners could have filed a timely return and               
          later amended it if the information changed for any reason,                 






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