- 32 - (9th Cir. 1986), even if the taxpayer is asserting his Fifth Amendment privilege against self-incrimination, see Kirschbaum v. Commissioner, T.C. Memo. 1989-526. The least a taxpayer must do to cause the period of limitations to start to run is to file an appropriate return and then assert the Fifth Amendment privilege against self-incrimination by refusing to answer specific questions. United States v. Egan, 459 F.2d 997, 998 (2d Cir. 1972). Petitioner failed to do that. His omissions of data on income, deductions, and credits and cloaking that omission with the legend on the form demonstrate an attempt not to disclose more than the Government might ultimately find in the criminal investigation. Those omissions do not discharge petitioner's obligation to provide respondent with sufficient data from which his income tax liability can be computed. United States v. Daly, 481 F.2d 28, 29-30 (8th Cir. 1973); Porth v. United States, supra at 523; Reiff v. Commissioner, 77 T.C. 1169, 1178-1179 (1981). Accordingly, we find that petitioner failed to show either that he had reasonable cause not to file a return or that his failure to file was not due to willful neglect. Petitioner is therefore liable for the addition to tax under section 6651(a)(1) for 1985. b. Additions to tax for negligence--section 6653(a) Respondent also determined a 5-percent penalty on underpayments under section 6653(a)(1) and an additional penaltyPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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