Wilburn C. Hall, Jr. - Page 66

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        determinations that this addition to tax should be imposed against            
        him. Funk v. Commissioner, 687 F.2d 264, 266                                  
        (8th Cir. 1982), affg. T.C. Memo. 1981-506; Ehrlich v.                        
        Commissioner, 31 T.C. 536, 540 (1958).                                        
              Petitioner filed his 1983 through 1986 tax returns late.                
        See supra, note 2 and table 2. Petitioner has not shown that his              
        failure to timely file these returns was due to reasonable cause.             
              Petitioner has failed to carry his burden of proof.                     
              We hold for respondent on this issue.                                   
        B. Section 6653(a)                                                            
              Section 6653(a)(1)20 (sec. 6653(a)(1)(A), as to 1986)                   

               20Sec. 6653(a), as in effect for 1983 through 1985,                    
          provides,                                                                   
          in pertinent part, as follows:                                              
               SEC. 6653. FAILURE TO PAY TAX.                                         
                    (a) Negligence or Intentional Disregard of Rules and              
               Regulations with Respect to Income, Gift, or Windfall                  
               Profit Taxes.--                                                        
                         (1) In general.--If any part of any underpayment             
                    (as defined in subsection (c)(1)) of any tax imposed              
                    by subtitle A * * * is due to negligence or                       
                    intentional disregard of rules or regulations (but                
                    without intent to defraud), there shall be added to               
                    the tax an amount equal to 5 percent of the                       
                    underpayment.                                                     
                         (2) Additional amount for portion attributable to            
                    negligence, etc.--There shall be added to the tax (in             
                    addition to the amount determined under paragraph (1))            
                    an amount equal to 50 percent of the interest payable             
                    under section 6601--                                              
                                                             (continued...)           





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