- 40 - section 6651(a) for each of those years. The addition to tax for failure to file timely does not apply where the taxpayer demonstrates that the failure to file was due to reasonable cause and not willful neglect. The regulations provide that reasonable cause exists where the taxpayer was unable to file timely despite the exercise of ordinary business care and prudence. Sec. 301.6651-1(c)(1), Proced. & Admin. Regs. “Willful neglect” has been defined as a “conscious, intentional failure or reckless indifference.” United States v. Boyle, 469 U.S. 241, 245 (1985). The question whether a failure to file is due to reasonable cause and not willful neglect is one of fact, on which petitioner bears the burden of proof. Rule 142(a); Lee v. Commissioner, 227 F.2d 181, 184 (5th Cir. 1955), affg. a Memorandum Opinion of this Court dated July 31, 1953. Petitioner failed to file returns for 1988 and 1989. Although petitioner makes no argument directed specifically to his liability for the addition to tax provided by section 6651(a), petitioner testified that he believed that he was required to file returns every year, whether he owed tax or not. While petitioner claims that he relied on the statement of Ms. Murphy that taxes were paid through 1991, which was apparently made at that time, we have rejected his claim. Moreover, the relevant question is not whether petitioner believed that tax was owed, but whether he knew that a return should be filed. Jackson v. Commissioner, 864 F.2d 1521, 1527 (10th Cir. 1989), affg. 86Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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