- 12 - Accordingly, we sustain respondent’s determination of an additional tax with respect to the 1992 distribution and $638 of the U.S. Trust Co. distribution. C. Addition to Tax for Failure To File Return Section 6651(a)(1) provides that, in the case of a failure to file an income tax return by the due date, there shall be imposed an addition to tax of 5 percent of the amount of tax required to be shown as tax on such return for each month or portion thereof during which the failure continues, not exceeding 25 percent in the aggregate, unless such failure is due to reasonable cause and not due to willful neglect. In the notice of deficiency, respondent determined an addition to tax under that section in the amount of $5,916.25. In the petition, petitioner assigns error to that determination but avers no facts in support of that assignment. Petitioner testified that he filed his 1992 return on time, but he admitted that he could not prove that fact. The parties have stipulated a copy of petitioner's 1992 return, which was mailed to respondent’s counsel on October 2, 1996. That return shows petitioner’s signature and a date of April 12, 1993. On that return, petitioner claims an overpayment of $230. Petitioner has produced no evidence that he ever received any refund or other credit for 1992. Petitioner’s uncorroborated testimony that he filed his 1992 return on time is self-serving, and we are unwilling to, and need not, accept that testimony atPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011