- 8 - not more than 1 month, with an additional 5 percent for each month in which the failure to file continues, to a maximum of 25 percent of the tax in the aggregate. The addition to tax is applicable unless it is shown that the failure to file is due to reasonable cause and not due to willful neglect. There is no evidence in the record that suggests that petitioner's failure to file a Federal income tax return for any year in issue was due to reasonable cause and not due to willful neglect. It was petitioner's burden to produce such evidence, Rule 142(a), and this he has failed to do. Consequently, we sustain respondent's determination that petitioner is liable for the additions to tax under section 6651(a)(1) for the years 1990 through 1993. 4. Section 6654 Additions to Tax For the years 1991 through 1993 respondent determined that petitioner is liable for the additions to tax under section 6654 for his failure to make estimated tax payments. Section 6654 provides for an addition to tax if estimated taxes are underpaid. It contains no provision relating to reasonable cause and lack of willful neglect. Because petitioner failed to make any estimated tax payments for each of the years 1991 through 1993, respondent's determination is sustained. Grosshandler v. Commissioner, 75 T.C. 1, 20-21 (1980). To reflect the foregoing,Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011