- 6 - expenses under the Cohan rule. Vanicek v. Commissioner, supra. Therefore, we hold that petitioner is not entitled to business expense deductions for 1992 and 1993 in excess of the amounts allowed by respondent.5 The second issue for decision is whether petitioner is liable for the section 6651(a)(1) addition to tax for 1992. Section 6651(a)(1) imposes an addition to tax for failure to timely file a return, unless the taxpayer establishes that such failure is due to reasonable cause and not due to willful neglect. "Reasonable cause" requires the taxpayer to demonstrate that she exercised ordinary business care and prudence and was nonetheless unable to file a return within the prescribed time. United States v. Boyle, 469 U.S. 241, 245-246 (1985). "Willful neglect" means a conscious, intentional failure or reckless indifference. Id. at 246. The addition to tax equals 5 percent of the tax required to be shown on the return if the failure to file is for not more than 1 month, with an additional 5 percent for each additional month or fraction of a month during which the failure to file continues, not to exceed a maximum of 25 percent. Sec. 6651(a)(1). Petitioner's 1992 return was originally due on April 15, 1993. Sec. 6072(a). She applied for and received an automatic, 5 We note that respondent allowed petitioner deductions for substantial portions of her claimed expenses.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011