- 8 - $3,587 in cash expenses for 1991. Petitioners presented no evidence at trial and no argument on brief to support the allowance of any additional cash expenses. Respondent determined that petitioners were entitled to $363 of the $2,071 claimed as mortgage interest and points on their 1991 return. Petitioners presented no evidence at trial and no argument on brief regarding the remaining $1,708 disallowed by respondent. Petitioners have either abandoned these issues or failed to carry their burden of proof. Respondent's determination with respect to these issues will be sustained. Section 6651(a)(1) Addition to Tax--1990 and 1991 Section 6651(a)(1) imposes an addition to tax for failure to file timely a return, unless the taxpayer establishes that the failure did not result from “willful neglect” and that the failure was due to “reasonable cause”. The addition to tax equals 5 percent of the tax required to be shown on the return for the first month, with an additional 5 percent for each additional month or fraction of a month during which the failure to file continues, not to exceed a maximum of 25 percent. Sec. 6651(a)(1). Petitioners bear the burden of proving that respondent’s determination is incorrect. Rule 142(a); Cluck v. Commissioner, 105 T.C. 324, 339 (1995). Petitioners failed to offer any evidence or explanation regarding the late filing of their 1990Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011