- 32 - the deductions claimed as advance minimum royalty payments under section 1.612-3(b), Income Tax Regs. The basis for disallowance of the advance minimum royalty payments is independent of and separable from the tax-motivated transactions upon which the other deductions of ERL were disallowed. Therefore, to the extent that petitioners’ underpayment of tax is attributable to the disallowed advance minimum royalty payments, petitioners are not liable for the increased interest under section 6621(c). All other disallowed deductions, however, have been sustained on grounds of economic sham and lack of profit objective. Accordingly, petitioners will be liable for increased interest under section 6621(c) for the underpayment in tax attributable to these adjustments, if the underpayments for each year exceed $1,000. Issue 8. Late Filing Addition to Tax Section 6651(a)(1) provides for an addition to tax for failure to timely file a Federal income tax return. Section 6651(a)(1) also provides for an exception to this addition when the taxpayer shows that the failure to file was due to reasonable cause and not due to willful neglect. Willful neglect has been defined as “a conscious, intentional failure or reckless indifference”. United States v. Boyle, 469 U.S. 241, 245 (1985). Merely demonstrating an absence of willful neglect does not meet the burden of proof required of the taxpayer; the taxpayer must also make an affirmative showing that a reasonablePage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011