- 9 - II. Addition to Tax for Failing To File a Return in a Timely Manner Respondent contends that petitioner, pursuant to section 6651(a), is liable for an addition to tax for failing to file his 1979 Federal income tax return in a timely manner. Respondent bears the burden of proof relating to this issue because this contention was made for the first time in the answer. Rule 142(a). In 1979, petitioner had gross income of $83,082. Thus, his gross income exceeded the sum of the applicable standard deduction and personal exemption, and he was required to file a Federal income tax return. See sec. 6012. Neither of the Forms 1040 petitioner provided respondent for 1979 were returns because they either did not contain sufficient information to compute petitioner's tax liability or were not signed under penalties of perjury. See sec. 6065; Cupp v. Commissioner, 65 T.C. 68, 78-79 (1975), affd. without published opinion 559 F.2d 1207 (3d Cir. 1977). Therefore, petitioner failed to file his 1979 tax return in a timely manner, and we hold that he is liable for the section 6651(a) addition to tax. III. Addition to Tax for Negligence Respondent contends that petitioner, pursuant to section 6653(a), is liable for an addition to tax for negligence relating to his 1979 tax year. Respondent bears the burden of proof relating to this issue because this contention was made for thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011