- 23 - years beginning after 1993, and, therefore, does not apply to the taxable years in issue. Id. at par. 5903.31.10 Additions to Tax Respondent determined that petitioner is liable for additions to tax for failure to file tax returns pursuant to section 6651(a)(1), and for failure to pay estimated tax pursuant to section 6654. Section 6651(a)(1) provides that In the case of failure-- (1) to file any return required under authority of subchapter A * * * unless it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be added to the amount required to be shown as tax on such return 5 percent of the amount of such tax if the failure is for not more than 1 month, with an additional 5 percent for each additional month or fraction thereof during which such failure continues, not exceeding 25 percent in the aggregate. The tax return of a nonresident alien individual is not due until the 15th day of the 6th month following the close of the taxable year. Sec. 6072(c). Petitioner does not dispute that the returns he submitted were untimely. Section 6654 imposes an addition to tax on individuals for failure to pay estimated income tax. The amount of the addition is determined by applying-- 10 In passing, we note that sec. 6114(a)(1) and sec. 301.6114-1(a)(1)(i), Proced. & Admin. Regs., provide that a taxpayer who asserts that a treaty provision overrides any internal revenue law must disclose that position on the return for such tax.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011