-5-
There is no dispute that petitioner received IRA
distributions in 1992 in the amount of $9,408, or that that
amount was includable in petitioner's gross income. Petitioner
was born on August 10, 1958, and clearly had not attained the age
of 59 1/2 at the time of the distributions. Petitioner does not
claim to fall within any of the other statutory exceptions found
in section 72(t)(2). Consequently, we hold that petitioner is
liable for the 10-percent additional tax pursuant to section
72(t) as determined by respondent.
3. Section 6651(a)(1) Failure To File a Timely Return
Section 6651(a)(1) provides for an addition to tax of 5
percent of the tax required to be shown on the return for each
month or fraction thereof for which there is a failure to file,
not to exceed 25 percent. The addition to tax for failure to
file a timely return will be imposed if a return is not timely
filed unless the taxpayer shows that the delay was due to
reasonable cause and not willful neglect. Sec. 6651(a)(1).
Petitioner's 1992 Federal income tax return was due on
April 15, 1993. Sec. 6072(a). Respondent received petitioner's
Form 1040NR (which is dated June 15, 1993) on June 22, 1993.
However, petitioner introduced no evidence or testimony to
establish, contrary to respondent's determination, that such
document constitutes a "return" for purposes of section
6651(a)(1). See Beard v. Commissioner, 82 T.C. 766, 777 (1984),
affd. per curiam 793 F.2d 139 (6th Cir. 1986). For example,
there is no evidence here to show that there was "an honest and
Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011