Astrida Terauds - Page 24

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          timely file the returns was not due to reasonable cause, but to             
          willful neglect.                                                            
               The addition to tax under section 6651(a)(1) is 5 percent of           
          the "amount required to be shown as tax on * * * [the] return".             
          Section 6651(b)(1) provides that, for purposes of computing the             
          addition to tax, "the amount of tax required to be shown on the             
          return shall be reduced by the amount of any part of the tax                
          which is paid on or before the date prescribed for payment of the           
          tax."  The Court has concluded that the levied amounts held by              
          respondent for petitioner's account did not constitute a payment            
          of tax.  Also, with respect to the $2,899.89 that the Court has             
          held constituted a payment of petitioner's 1987 tax liability,              
          that payment does not allow for a reduction of the section                  
          6651(a)(1) addition to tax because it was not made on or before             
          the date prescribed for payment of the tax; i.e., on or before              
          April 15, 1988.  Therefore, we sustain respondent's determination           
          as to the section 6651(a)(1) additions to tax for 1986 and 1987.            
               To reflect concessions and our disposition of the disputed             
          issues,                                                                     


          Decision will be entered                                                    
          under Rule 155.                                                             








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