- 19 - nor DHF reported any interest income for 1988. We find that petitioner has not met his burden of proof on this issue. See Rule 142(a). Therefore, we sustain respondent's determination. The next issue we must decide is whether petitioner is liable for additions to tax pursuant to section 6651(a)(1) and (2). Section 6651(a)(1) imposes an addition to tax for failure to timely file a tax return, unless the taxpayer establishes that the failure to file was due to reasonable cause and not willful neglect. Section 6651(a)(2) imposes an addition to tax for failure to timely pay a tax liability shown upon a return, unless the taxpayer establishes that the failure was due to reasonable cause and not willful neglect. Petitioner received an automatic extension to file his 1988 return on or before August 15, 1989. Petitioner did not meet this deadline, as he did not mail his return until September 2, 1989. At the time that he filed, petitioner failed to include full payment of his reported income tax liability. On brief, petitioner argues that he had no income tax liability for 1988, because no liquidation occurred, and petitioner was simply an agent of FSRC with respect to the sales proceeds reinvested in LPRC. We have already concluded, however, that a liquidation, in fact, occurred and that petitioner has income to the extent that the distribution exceeds the adjusted basis in petitioner's stock. Moreover, petitioner has not introduced any evidence thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011