Eyefull Incorporated - Page 46

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          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 to                  









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