- 21 - 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 thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011