John Wadsworth - Page 18

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               Respondent determined that petitioner's income for each of             
          the years in issue is subject to self-employment tax under                  
          section 1401, and petitioner has not disputed this determination.           
          We hold for respondent on this issue.                                       
               Respondent also determined that petitioner is liable for               
          additions to tax for the years in issue under sections 6651(a)              
          and 6654(a).                                                                
               Section 6651(a)(1) imposes an addition to tax for failure to           
          timely file a return, unless the taxpayer establishes:  (1) The             
          failure did not result from "willful neglect"; and (2) the                  
          failure was "due to reasonable cause".  "Willful neglect" has               
          been interpreted to mean a conscious, intentional failure, or               
          reckless indifference.  United States v. Boyle, 469 U.S. 241,               
          245-246 (1985).  "Reasonable cause" requires the taxpayer to                
          demonstrate that he exercised ordinary business care and prudence           
          and was nonetheless unable to file a return within the prescribed           
          time.  Id. at 246; sec. 301.6651-1(c)(1), Proced. & Admin. Regs.            
          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).                                               
               Petitioner did not testify as to his failure to file Federal           
          income tax returns for the years in issue.  Based on the record             
          we find petitioner intentionally failed to file his Federal                 




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