Jordon Jay Fingar - Page 19

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               Petitioner did not file his income tax returns for 1979 and            
          1980 until January 10, 1992.  He failed to present any evidence             
          that his failure to timely file was due to anything other than              
          willful neglect.  Accordingly, we sustain respondent's                      
          determination on this issue.                                                
          Issue 7. Section 6653(a) Addition to Tax                                    
               For 1979 and 1980, respondent determined that petitioner,              
          pursuant to section 6653(a), is liable for additions to tax of              
          $1,745 and $2,150, respectively.                                            
               Section 6653(a) imposes an addition to tax of 5 percent of             
          the underpayment if any part of the underpayment is due to                  
          negligence or intentional disregard of rules or regulations.                
          Negligence is defined as lack of due care or the failure to do              
          what a reasonable and ordinarily prudent person would do under              
          the circumstances.  Neely v. Commissioner, 85 T.C. 934, 947                 
          (1985).  The burden is on petitioner to show that he acted                  
          reasonably and exercised due care.  Id.                                     
               Petitioner did not address the section 6653 issue at trial             
          or on brief.  Therefore, he failed to carry his burden of proof,            
          and we sustain respondent's determination on this issue.                    
               To reflect the foregoing,                                              
                                                                                     
          Decision will be entered                                                    
          under Rule 155.                                                             






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