Deja Vu, Inc. - Page 17

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          United States v. Boyle, 469 U.S. 241, 245 (1985); Catalano v.               
          Commissioner, 81 T.C. 8 (1983).  A failure to file timely is due            
          to reasonable cause if the taxpayer exercised ordinary business             
          care and prudence, and, nevertheless, was unable to file the                
          return within the prescribed time.  Sec. 301.6651-1(c)(1),                  
          Proced. & Admin. Regs.  Willful neglect means a conscious,                  
          intentional failure or reckless indifference.  United States v.             
          Boyle, supra at 245.                                                        
               Petitioner filed its return for its 1989 taxable year almost           
          8 months past the due dates prescribed in sections 6072(b) and              
          6081(b).  Petitioner has provided no evidence to overcome                   
          respondent's determination that it is liable for the addition to            
          tax for failure to file timely.  We sustain respondent on this              
          4.  Section 6662                                                            
               Respondent also determined accuracy-related penalties under            
          section 6662 for petitioner’s 1989, 1990, and 1991 taxable years.           
          Section 6662(a) imposes an accuracy-related penalty equal to                
          20 percent of the portion of the underpayment that is                       
          attributable to negligence.  Sec. 6662(b)(1).  For purposes of              
          section 6662(a), “negligence” includes a “failure to make a                 
          reasonable attempt to comply with the Internal Revenue Code”, and           
          "disregard" includes careless, reckless, or intentional                     
          disregard.  Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs.             

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