- 9 - Immediately following petitioner's counsel's examination of the witness, however, Oania confirmed during re-cross-examination that he actually works with and shares compensation with petitioner. Q Mr. Oania, when you divide up the funds, the person that you sit down with, or stand up with when you divide up the funds is James C. Estrada? A The person, yes. On the basis of the record, we find that petitioner performed services for NAA, and was compensated for performing them. Since petitioner treated the money "paid" to the CRNA Trust as his own, the total amount "paid" to the CRNA Trust during the years in issue was includable in petitioner's gross income. 2. Addition to Tax Under Section 6651(a)(1) Respondent determined additions to tax under section 6651(a) for petitioner's 1991 and 1992 taxable years. In order to avoid this addition to tax, petitioner must prove that his failure to file was: (1) Due to reasonable cause and (2) not due to willful neglect. Sec. 6651(a); Rule 142(a); United States v. Boyle, 469 U.S. 241, 245 (1985); United States v. Nordbrock, 38 F.3d 440 (9th Cir. 1994). A failure to file a timely Federal income tax return is due to reasonable cause if the taxpayer exercised ordinary business care and prudence and, nevertheless, was unable to file the return within the prescribed time. Sec. 301.6651- 1(c)(1), Proced. & Admin. Regs. Willful neglect means aPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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