Polly M. Cherry - Page 19

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          additional month or partial month during which the failure                  
          continues, not exceeding 25 percent in the aggregate.  The                  
          addition to tax does not apply where the taxpayer demonstrates              
          that the failure to file timely was due to reasonable cause and             
          not willful neglect.  Sec. 6651(a)(1).  The question whether a              
          failure to file timely is due to reasonable cause and not willful           
          neglect is one of fact, on which petitioner bears the burden of             
          proof.  Rule 142(a); Lee v. Commissioner, 227 F.2d 181, 184 (5th            
          Cir. 1955), affg. a Memorandum Opinion of this Court.                       
               Petitioner has produced no evidence explaining the late                
          filing of her 1993 return.  Accordingly, we hold that petitioner            
          is liable for the section 6651 addition to tax.                             
          Accuracy-Related Penalty                                                    
               Respondent determined that petitioner is liable for an                 
          accuracy-related penalty pursuant to section 6662.  Section                 
          6662(a) imposes a 20-percent penalty on the portion of an                   
          underpayment of tax that is attributable to, inter alia,                    
          negligence or disregard of rules or regulations.  The term                  
          "negligence" includes any failure to make a reasonable attempt to           
          comply with the provisions of the Code, including failure to                
          exercise due care, failure to do what a reasonable person would             
          do under the circumstances, or failure to keep adequate books and           
          records to substantiate items properly.  Sec. 1.6662-3(b)(1),               
          Income Tax Regs.  The term "disregard" includes any careless,               
          reckless or intentional disregard of the Code or of the temporary           




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