- 15 - 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 attributablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011