- 7 - the failure was "due to reasonable cause and not due to willful neglect". Petitioner has not established that he filed a return or that the failure to file was due to reasonable cause. Respondent's records indicate that petitioner did not file a return for the year at issue. Petitioner acknowledges that some additional tax in excess of withholding would have been due, and he has not shown that any additional amount was paid. Indeed, petitioner cannot recall preparing or mailing the return. Petitioner had timely filed his Federal income tax returns for other years and knew that he was required to file a return. It may be that petitioner was at the seminary during this time, and his mail service may not have been reliable. Petitioner may not have actually received his Forms W-2 and 1099; however, the lack of records does not relieve a taxpayer from the obligation to file a return. Electric & Neon, Inc. v. Commissioner, 56 T.C. 1324, 1343 (1971), affd. without published opinion 496 F.2d 876 (5th Cir. 1974). We sustain respondent's determination on this issue. Respondent also determined that petitioner was liable for an addition to tax pursuant to section 6654(a) for failure to pay estimated tax. Under section 6654(d)(1)(B), individuals are generally required to pay in four equal installments during the year a "required annual payment" that equals the lesser of (i) 90 percent of the tax shown or required to be shown on the return, or (ii) 100 percent of the tax shown on the individual's returnPage: Previous 1 2 3 4 5 6 7 8 Next
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