- 36 - Addition to Tax Under Section 6651(a)(1) Section 6651(a)(1) imposes an addition to tax for failure to file a return on the date prescribed (determined with regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The taxpayer has the burden of proof to show the addition is improper. United States v. Boyle, 469 U.S. 241, 245 (1985); Funk v. Commissioner, 687 F.2d 264, 266 (8th Cir. 1982), affg. T.C. Memo. 1981-506. Petitioners received approval of their Application for Additional Extension of Time To File until October 15, 1990. Their signatures on the Form 1040 were dated November 4, 1990; their 1989 return was received by the IRS on November 13, 1990. Petitioners did not include this issue in their trial memorandum, did not offer any evidence on the issue at trial, nor address it in their briefs. Their return was not timely filed, and we consider petitioners to have conceded their liability for the delinquency addition.26 Accuracy-related Penalty Under Section 6662 Section 6662 imposes a penalty of 20 percent on any portion of an underpayment of tax attributable to negligence or disregard of 26 Petitioners pleaded the statute of limitations as a defense to the deficiency and additions, alleging that the notice of deficiency, mailed Oct. 14, 1993, was issued more than 3 years after the return was filed. The facts show that the return was not filed until Nov. 13, 1990, and hence the notice of deficiency was timely issued. We similarly consider petitioners to have conceded this issue.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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