- 15 - 1988 transaction and a purported physical illness warrants a finding that he was not negligent. We are unpersuaded. On this record, we sustain respondent's determination that petitioner is liable for the additions to tax under section 6653(a)(1)(A) and (B) for 1986 and 1987, and section 6653(a)(1) for 1988. Issue 7. Addition to Tax--Failure to Timely File Tax Returns Respondent has determined an addition to tax under section 6651(a) for failure to file timely Federal income tax returns for the tax years 1986 and 1987. In the case of a failure to file an income tax return within the time prescribed by law, section 6651(a)(1) provides for an addition to tax in the amount of 5 percent of the tax required to be shown on the return for each month (or part thereof) during which such failure continues, but not to exceed 25 percent in the aggregate. See sec. 301.6651-1(a)(1), Proced. & Admin. Regs. The taxpayer is not liable for the addition to tax if the failure to file is due to reasonable cause and not due to willful neglect. Sec. 6651(a)(1); Rule 142(a); United States v. Boyle, 469 U.S. 241, 245 (1985); Stovall v. Commissioner, 762 F.2d 891, 895 (11th Cir. 1985), affg. T.C. Memo. 1983-450. Petitioner's calendar year tax return for 1986 was due on or before April 15, 1987, and his calendar year tax return for 1987 was due on or before April 15, 1988. Sec. 6072(a). The tax return for 1986 was filed on or after August 1, 1987, and the tax return for 1987 was filed on or after August 22, 1988. Petitioner has presented no evidence that the time for filing either of the returns was properly extended. Secs. 6081(a), 6651(a)(1); sec. 1.6081- 1(b), Income Tax Regs. Furthermore, petitioner has not presented evidence as to the reason the returns were filed late.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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