- 33 -33 Issue 6. Addition to Tax for Failure To File The final issue for decision is whether petitioners are liable for the addition to tax for failure to timely file their 1989 joint return. Respondent determined an addition to tax of 15 percent for petitioners' failure to timely file their 1989 return. Mrs. Zaban asserts a reasonable cause defense. Section 6651(a)(1) imposes an addition to tax of 5 percent for each month or fraction thereof in which an income tax return is not filed after the prescribed filing date. An exception is provided for reasonable cause not the result of willful neglect. Id. Petitioners were granted an extension for filing their 1989 joint return to August 15, 1990, but did not file the return until October 18, 1990. Petitioners did not establish reasonable cause for the failure to timely file their 1989 return, and thus they failed to meet their burden of proof. Rule 142(a). We hold that petitioners are liable for the addition to tax under section 6651(a)(1). To reflect the foregoing and the concessions of the parties, Decision will be entered under Rule 155.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
Last modified: May 25, 2011