Richard and Brenda Nelon - Page 15

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          clear and convincing.  Accordingly, we find that petitioner is              
          not liable for additions to tax or penalties based on fraud.                
               In the alternative, respondent determined that petitioner is           
          liable for the additions to tax for failure to timely file for              
          all the years in issue.  Section 6651(a)(1) imposes an addition             
          to tax for a taxpayer's failure to file timely returns required             
          to be filed (including income tax returns), unless the taxpayer             
          can establish that such failure "is due to reasonable cause and             
          not due to willful neglect".  The addition to tax is 5 percent of           
          the amount required to be shown on the return for each month                
          beyond the return's due date, not exceeding 25 percent.  Sec.               
          6651(a)(1).  Petitioner bears the burden of showing respondent's            
          determination to be in error and that there was reasonable cause            
          for his failure to timely file.  Rule 142(a).                               
               Respondent, in the alternative, also determined a 5-percent            
          addition to tax for each of the years 1986 through 1988 for                 
          negligence or intentional disregard of rules or regulations.                
          Section 6653(a)(1)(A) for 1986 and 1987 and section 6653(a)(1)              
          for 1988 provide for a 5-percent addition to tax if any part of             
          the underpayment is due to negligence or intentional disregard of           
          rules and regulations.  If section 6653(a)(1)(A) applies for 1986           
          and 1987, then section 6653(a)(1)(B) provides for a further                 
          addition to tax equal to 50 percent of the interest attributable            







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