Michael Morrissey - Page 23

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            on a prohibited transaction, the taxable period ends upon                 
            issuance of a notice of deficiency).  Petitioner did not file             
            an excise tax return for any of these years.                              
                 With respect to the excise tax returns which were due for            
            1990 and 1991, we believe that petitioner's failure to file               
            these returns was reasonable.  The Supreme Court had not yet              
            decided Keystone by the due dates for these returns; i.e.,                
            July 31, 1991 and 1992, respectively.  See sec. 54.6011-1(b),             
            Pension Excise Tax Regs.; see also Instructions to Form 5330,             
            at 2 ("For taxes due under sections * * * 4975 * * *, file                
            Form 5330 by the last day of the 7th month after the end of the           
            tax year of the employer or other person who must file this               
            return.").  Although Keystone later became the law that we                
            apply herein, we do not impute the knowledge of this law to               
            petitioner with respect to 1990 and 1991.  Reasonable cause               
            and the absence of willful neglect are gauged at the time that            
            a return is due, and we bear in mind only the information that            
            the taxpayer knew (or could have known) on that date.  See                
            Ellwest Stereo Theatres, Inc. v. Commissioner, T.C. Memo.                 
            1995-610; see also Industrial Indem. v. Snyder, 54 AFTR 2d                
            84-5127, 84-1 USTC par. 9507 (E.D. Wash. 1984).  The mere fact            
            that an individual never files a return for a given year does             
            not necessarily mean that he or she is liable under section               
            6651(a)(1) for an addition to that year's tax.  Although                  





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