Charles M. Worthley - Page 9

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          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 the              




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