- 45 - authority has been shown to support petitioners’ deductions and failure to report income from various sources. We hold, to the extent that an understatement exists, petitioners are liable for the addition to tax under section 6661(a) for 1986 and the accuracy-related penalty pursuant to section 6662(a) and (b)(2) for 1989. For 1989, a single penalty of 20 percent is imposed under section 6662 though the underpayment for that year is attributable to both negligence and substantial understatement. I. Failure To Timely File Their Return Respondent determined that petitioners are liable for an addition to tax for the failure to timely file a return. Section 6651(a)(1) imposes an addition to tax for failure to file a timely income tax return. Petitioners bear the burden of showing respondent’s determination to be in error and that there was reasonable cause for their failure to timely file. Rule 142(a). Petitioners' 1986 and 1989 Federal income tax returns were filed during July 1988 and October 1990, respectively. Petitioners contend that they did not file because they were unable to pay the income tax due in both taxable years due to “insufficient funds”. Petitioners have not demonstrated that their lack of funds was a reasonable cause for their failure to timely file. Therefore, to the extent of any tax required to be shown, which was not shown, petitioners are liable for thePage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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