- 6 -6 deficiency that determined an increase in taxable income as well as an addition to tax under section 6651(a)(1). The amount of the increase in taxable income was settled by a Stipulation of Settlement dated October 18, 1994. This settlement increased petitioner's taxable income by $1,536,047 and resulted in a revised tax liability of $924,111. The parties have stipulated that the amount of the addition to tax under section 6651(a)(1), if it applies, is $141,028. OPINION Section 6651(a)(1) imposes an addition to tax for failure to file an income tax return by the due date, including extensions, unless it is shown that the failure is due to reasonable cause and not due to willful neglect. A failure to file in a timely manner is due to "reasonable cause" if the taxpayer exercised "ordinary business care and prudence" and was nevertheless unable to file the return within the time prescribed. Sec. 301.6651- 1(c)(1), Proced. & Admin. Regs. The burden of proof is on the taxpayer. Rule 142(a); Ehrlich v. Commissioner, 31 T.C. 536, 540 (1958). The issue before this Court is whether petitioner's reliance on his attorney to file an extension request constitutes ordinary business care and prudence and thus reasonable cause. I. Petitioner Relied on Mr. Russell To File We must first determine whether petitioner relied on Mr. Russell. We find that petitioner did so rely.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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