Natalia Ravelo Escandon - Page 8




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         respondent has satisfied his burden of production with regard to             
         the section 6651(a)(2) addition to tax.                                      
              B.  Section 6651(a)(1)                                                  
              Respondent determined that petitioner is liable for an                  
         addition to tax pursuant to section 6651(a)(1) for 2003.  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.  Petitioner concedes that she did not file a                
         return for 2003, and petitioner has offered no evidence showing              
         that her failure to file was due to reasonable cause and not due             
         to willful neglect.  Moreover, misclassification of an employee              
         does not relieve the employee of his liability for filing a                  
         correct tax return.  See Grooms v. Commissioner, T.C. Memo. 1992-            
         291; Baasch v. United States, 742 F. Supp. 65 (E.D.N.Y. 1990),               
         affd. without published opinion 930 F.2d 911 (2d Cir. 1991).                 
         Accordingly, we hold that petitioner is liable for the addition              
         to tax under section 6651(a)(1).                                             
              C.  Section 6651(a)(2)                                                  
              Respondent also determined that petitioner is liable for an             
         addition to tax pursuant to section 6651(a)(2) for 2003.                     
              Section 6651(a)(2) provides for an addition to tax where                
         payment of tax shown on a return is not timely unless the                    







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