- 24 - consists of the testimony of Simon Bolonik (Bolonik), by whose office the returns were filed and who testified that the returns were mailed one week before the due dates. Bolonik testified: “Mr. Markovski was one of my oldest clients and I basically remember where I put -- if I mailed it [the return] or not. I would take special care in mailing them.” We found Bolonik’s testimony inexact and unconvincing, and we accord it no weight. Moreover, two of the returns bear postmarks well after the relevant due date. The returns in question were not timely received by the Internal Revenue Service, and petitioners have failed to satisfy the requirements of section 7502(a) that timely mailing constitutes timely filing. We find that the returns in question were filed on the dates received by the Internal Revenue Service. The returns were, thus, not timely, and petitioners have failed to show reasonable cause and lack of willful neglect. Respondent’s determinations of additions to tax under section 6651(a) are sustained, adjusted only to take into account the deficiencies redetermined by us. B. Accuracy-Related Penalty Respondent determined penalties against American Valmar and Markovski for each of their respective years in issue under section 6662(a). Section 6662(a) provides for the imposition of an accuracy- related penalty equal to 20 percent of any portion of an underpayment attributable to, among other things, any substantialPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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