Michael Morrissey - Page 21

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            avoid the additions to tax under section 6651(a)(1) and (2).              
            Respondent argues that petitioner is liable for the additions             
            to tax at issue because he failed to follow these rules, and he           
            failed otherwise to exercise ordinary business care and                   
            prudence.                                                                 
                 We hold that petitioner is not liable for the additions to           
            tax.  Again, we start our inquiry with the relevant text:                 
                 SEC. 6651.  FAILURE TO FILE TAX RETURN OR TO PAY TAX.                
                      (a)  Additions to the Tax.--In case of failure--                
                           (1) to file any return required under                      
                      authority of subchapter A of chapter 61                         
                      (other than part III thereof) * * * on the                      
                      date prescribed therefor (determined with                       
                      regard to any extension of time for                             
                      filing), unless it is shown that such                           
                      failure is due to reasonable cause and not                      
                      due to willful neglect, there shall be                          
                      added to the amount required to be shown as                     
                      tax on such return 5 percent of the amount                      
                      of such tax if the failure is for not more                      
                      than 1 month, with an additional 5 percent                      
                      for each additional month or fraction                           
                      thereof during which such failure                               
                      continues, not exceeding 25 percent in the                      
                      aggregate * * *                                                 
                 From this text, we understand that a taxpayer who is                 
            required to file an excise tax return, but who does not do so             
            timely, is generally liable for a monthly addition to tax equal           
            to 5 percent of the amount of tax that should have been shown             
            on the return, up to a maximum charge of 25 percent.  See also            
            Janpol v. Commissioner, 102 T.C. 499, 500 (1994).  We also                
            understand that the addition to tax does not apply where the              




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