- 24 - a predecessor of section 6651(a)(1) provided explicitly that reasonable cause could not be present where, as is the case here, the taxpayer never filed a return, see Revenue Act of 1928, ch. 852, sec. 291, 45 Stat. 857,6 section 406 of the Revenue Act of 1935, ch. 829, 49 Stat. 1027, removed the prerequisite of a return for a finding of reasonable cause, and it ceases to be a prerequisite today, see sec. 6651(a)(1); see also Bowlen v. Commissioner, 4 T.C. 486, 494 (1944); Estate of Kirchner v. Commissioner, 46 B.T.A. 578 (1942). The knowledge that we do impute to petitioner with respect to 1990 and 1991 is that this Court had held twice before July 31, 1991, that a transfer of unencumbered property to a pension plan in satisfaction of a funding obligation was not reportable on a Federal excise tax return. Although the Court of Appeals for the Fourth Circuit reversed one of these decisions before July 31, 1992, see Wood v. Commissioner, 955 F.2d 908 (4th Cir. 1992), the Court of Appeals for the Fifth Circuit affirmed the other decision 2 months before that 6 Sec. 291 of the Revenue Act of 1928, ch. 852, 45 Stat. 857, provides: In case of any failure to make and file a return required by this title, within the time prescribed by law * * *, 25 per centum of the tax shall be added to the tax, except that when a return is filed after such time and it is shown that the failure to file it was due to reasonable cause and not due to willful neglect no such addition shall be made to the tax.* * *Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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