Thomas A. Johnson - Page 16

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               Petitioner's 1988 and 1989 Federal income tax returns were             
          due on August 15, 1989, and August 15, 1990, respectively.                  
          Petitioner filed his 1988 Federal income tax return on September            
          27, 1989, and he filed his 1989 Federal income tax return on                
          September 18, 1991.  Petitioner presented no evidence to show               
          that the untimely filings were due to reasonable cause and not              
          due to willful neglect.  We sustain respondent's determination              
          that petitioner is subject to an addition to tax under section              
          6651(a)(1) in each year.                                                    
          Negligence Addition to Tax and Penalty                                      
               Respondent determined that petitioner is liable for an                 
          addition to tax under section 6653(a)(1) for the taxable year               
          1988 and that petitioner is liable for a penalty under section              
          6662(a) for the taxable year 1989.  Section 6653(a)(1) imposes an           
          addition to tax equal to 5 percent of the underpayment if any               
          part of the underpayment is attributable to negligence.  Section            
          6662(a) imposes a penalty equal to 20 percent of the portion of             
          the underpayment which is attributable to negligence.                       
               Negligence is defined as the lack of due care or the failure           
          to do what a prudent person would do under the circumstances.               
          Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir. 1967),                
          affg. in part and remanding in part 43 T.C. 168 (1964); Neely v.            
          Commissioner, 85 T.C. 934, 947 (1985).  Petitioner must prove               
          that the negligence addition to tax and the penalty do not apply.           
          Bixby v. Commissioner, 58 T.C. 757, 791 (1972).                             




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