- 5 - return, up to 25 percent in the aggregate. The addition to tax is imposed on the net amount due, calculated by reducing the amount required to be shown as tax on the return by any part of the tax which is paid on or before the date prescribed for payment of the tax. Sec. 6651(b)(1). The flush language of section 6651(a) provides that in the case of a failure to file within 60 days of the date prescribed for the filing of such return, unless it is shown that such failure is due to reasonable cause and not due to willful neglect, the addition to tax under section 6651(a)(1) shall not be less than the lesser of $100 or 100 percent of the amount required to be shown as tax on such return. See Patronik-Holder v. Commissioner, 100 T.C. 374, 379- 381 (1993). Petitioners bear the burden of proving that respondent's determinations that they were negligent are incorrect. Rule 142(a); Cluck v. Commissioner, 105 T.C. 324, 339 (1995). Petitioners' 1991 Federal income tax returns were due on April 15, 1992. Sec. 6072(a); sec. 1.6072-1(a), Income Tax Regs. Respondent contends that petitioners' submission of Forms 1040-NR constituted a filing of their 1991 Federal income tax returns on July 18, 1992. Petitioners have not offered any evidence to show that their delay in filing their 1991 return was due to reasonable cause rather than their willful neglect. Accordingly, respondent's determinations that petitioners are each liable for a $100 addition to tax under section 6651(a)(1) are sustained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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