- 24 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Last modified: May 25, 2011