- 16 - time for filing), unless it is shown that such failure is due to reasonable cause and not due to willful neglect. Petitioner bears the burden of proof as to reasonable cause and the absence of willful neglect. See Rule 142(a). In the notice of deficiency, respondent determined that the 1989 tax return was due on October 15, 1990, and that petitioner filed that return on August 22, 1991. Petitioner does not dispute those facts. Petitioner did not present any testimony or other evidence to explain his failure to file the 1989 tax return in a timely manner. Petitioner's attempt to introduce evidence in his brief is rejected. See Rule 143(b). Petitioner has not carried his burden of proof. Respondent's determination of an addition to tax under section 6651(a)(1) is sustained, except to the extent that it relates to the difference between our calculation of the adjustments to income arising from the sale of the five units and respondent's calculation (the section II.A. difference, supra). B. Section 6662(a) Section 6662(a) provides for an accuracy related penalty in the amount equal to 20 percent of the portion of an underpayment of tax attributable to, among other things, negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). The term “negligence” includes any failure to make a reasonablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011