- 6 - the Schedule C deduction for health insurance premiums and uphold the allowance of an adjustment to income for self-employed health insurance pursuant to section 162(l). With regard to the addition to tax for failure to file a timely return pursuant to section 6651, the addition to tax will apply unless the taxpayer can show that the failure to file a timely return was due to reasonable cause and not to willful neglect. Sec. 6651(a)(1); Rule 142(a). Petitioner indicated that he filed his return late because he did not think he owed any tax. A taxpayer's belief that a return is not required to be filed may constitute reasonable cause under section 6651(a)(1), if supported by advice from a competent adviser who has been informed of the relevant facts. Beales v. Commissioner, T.C. Memo. 1992-608. Although petitioner had his return prepared by a professional tax service, there is no indication that the preparer was informed of the relevant facts and that petitioner's failure to timely file was based on competent advice. Respondent's determination is sustained. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011