- 8 - OPINION Petitioners bear the burden of proving that they are not liable for additions to tax under sections 6651(a)(1), 6653(a), and 6661. Rule 142(a). 1. Section 6651(a)(1) Section 6651(a)(1) imposes an addition to tax for failure to file an income tax return by the prescribed due date (including any extensions). The amount of the addition is 5 percent of the amount of tax required to be shown on the return for each month that the delinquency continues, up to a maximum of 25 percent. The addition to tax does not apply when the failure to file was due to reasonable cause and not due to willful neglect. Sec. 6651(a)(1). To establish reasonable cause a taxpayer must demonstrate that he exercised ordinary business care and prudence but was nevertheless unable to file within the prescribed time period. Sec. 301.6651-1(c), Proced. & Admin. Regs. Petitioners contend that they exercised ordinary business care and prudence in relying on the advice of a certified public accountant that it was more appropriate to file a late return than to file a timely return on the basis of incomplete and inaccurate information. They argue that such reliance constitutes reasonable cause, citing United States v. Boyle, 469 U.S. 241, 251 (1985). We disagree.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011