- 46 - handle its returns. United States v. Boyle, supra, forecloses this argument. Petitioner is liable for the addition to tax. For TYE 8/31/89, section 6653(a) provides for an addition to tax equal to 5 percent of an underpayment of tax if any part of the underpayment is due to negligence. “Negligence” includes any failure to make a reasonable attempt to comply with the provisions of the Code. Sec. 6653(a)(3). For purposes of section 6653(a), the term “underpayment” has the same meaning as “deficiency” as defined in section 6211(a), except that the amount shown on the return is treated as zero if the return was filed after the prescribed deadline, including any extension. Sec. 6653(c)(1). Delinquent filing is prima facie evidence of negligence. Emmons v. Commissioner, 92 T.C. 342, 349 (1989), affd. 898 F.2d 50 (5th Cir. 1990). Where the taxpayer cannot prove reasonable cause and the absence of willful neglect for purposes of section 6651(a)(1), the taxpayer cannot carry its burden of proof for purposes of section 6653(a). Condor Intl., Inc. v. Commissioner, 98 T.C. 203, 225 (1992), affd. in part and revd. in part 78 F.3d 1355 (9th Cir. 1996). Since petitioner’s return for TYE 8/31/89 was untimely filed, the entire amount of the tax due is treated as an underpayment. Since this underpayment was attributable toPage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
Last modified: May 25, 2011