- 13 - extension only until October 15, 1993. Petitioners have offered no evidence that they were granted any further extension of time. Since no explanation for the lateness of their filing was offered, we hold that petitioners have not proved that their failure to timely file was due to reasonable cause rather than willful neglect. Accordingly, we sustain respondent on this issue. The fourth issue for decision is whether petitioners are liable for the section 6663(a) penalty for fraud for each of the years in issue. Respondent determined that petitioners were liable for the fraud penalty for underpayments attributable to disallowed deductions for household-related business expenses. Section 6663(b) provides that if respondent establishes that any part of any underpayment of tax required to be shown on a return is due to fraud the entire underpayment shall be treated as attributable to fraud and subjected to a 75 percent penalty unless the taxpayer establishes, by the preponderance of the evidence, that some part of the underpayment is not attributable to fraud.5 Respondent must establish by clear and convincing evidence: (1) An underpayment of tax by the taxpayer, and (2) that some part of the underpayment is due to fraud. Section 5 We note that in the notice of deficiency respondent determined that only the portion of each underpayment resulting from the disallowed household expenses is attributable to fraud. Therefore we need consider the fraud issue only with regard to that portion of each underpayment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011