Glenn S. Hodges - Page 10

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               Petitioner bears the burden of proving his basis in the                
          securities.  See Rule 142(a).  Petitioner has failed to prove               
          that the securities, other than the Honeywell shares, were                  
          acquired from his grandmother on or about May 28, 1993, or that             
          the Honeywell shares were received from his mother by gift.                 
          Since petitioner has failed to prove that the securities have any           
          basis in excess of zero, we sustain respondent’s adjustment                 
          including in full the proceeds from the sale of the securities in           
          petitioner’s gross income.                                                  
          IV.  Additions to Tax                                                       
               A.  Respondent's Section 6651(a)(1) Determination                      
               Section 6651(a)(1) provides for an addition to tax in the              
          event a taxpayer fails to file a timely return (determined with             
          regard to any extension of time for filing), unless it is shown             
          that such failure is due to reasonable cause and not due to                 
          willful neglect.  The amount of the addition is equal to 5                  
          percent of the amount required to be shown as tax on the                    
          delinquent return for each month or fraction thereof during which           
          the return remains delinquent, up to a maximum addition of 25               
          percent for returns more than 4 months delinquent.  Reasonable              
          cause contemplates that the taxpayer exercised ordinary business            
          care and prudence and was nonetheless unable to file a return               
          within the prescribed time.  United States v. Boyle, 469 U.S.               
          241, 246 (1985); sec. 301.6651-1(c)(1), Proced. & Admin. Regs.              






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