- 6 - and was nonetheless unable to file a return within the prescribed time. United States v. Boyle, supra at 246. The addition to tax equals 5 percent of the tax required to be shown on the return for the first month with an additional 5 percent for each additional month or fraction of a month during which the failure to file continues, not to exceed a maximum of 25 percent. Sec. 6651(a)(1). Petitioner stated that he did not feel that he should be called upon to pay a penalty because as far as he was concerned his income was zero, aside from his interest and dividends. Petitioner's belief that he did not owe any tax does not constitute reasonable cause under section 6651(a)(1), especially considering the fact that petitioner is a former attorney. Krieger v. Commissioner, T.C. Memo. 1993-347, affd. without published opinion 64 F.3d 657 (4th Cir. 1995). We find that petitioner has failed to show that his failure to timely file his returns was not due to willful neglect or that such failure was due to reasonable cause. Therefore, we hold that petitioner is liable for the section 6651(a)(1) additions to tax. The third issue for decision is whether petitioner is liable for the section 6654(a) additions to tax for failure to make estimated income tax payments for 1991, 1992, and 1993. Unless the taxpayer demonstrates that one of the statutory exceptions applies, imposition of this addition to tax is mandatory where prepayments of tax, either through withholding orPage: Previous 1 2 3 4 5 6 7 Next
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