Rolf E. Polentarutti - Page 10

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          time.  Crocker v. Commissioner, 92 T.C. 899, 913 (1989); sec.               
          301.6651-1(c)(1), Proced. & Admin. Regs.                                    
               Petitioner offers no argument that he is not liable for the            
          addition to tax for failure to timely file his 1989 return.  We             
          treat this as a concession by petitioner.  Rothstein v.                     
          Commissioner, 90 T.C. 488, 497 (1988); Reaves v. Commissioner, 31           
          T.C. 690, 722 (1958), affd. 295 F.2d 336 (5th Cir. 1961).  We               
          conclude that petitioner is liable for the addition to tax under            
          section 6651(a)(1) for failure to timely file his income tax                
          return for 1989.                                                            
          C.   Whether Petitioner Is Liable for the Accuracy-Related                  
               Penalty Under Section 6662(a)                                          
               Respondent determined that petitioner is liable for the                
          accuracy-related penalty for negligence for 1989 under section              
          6662(a).                                                                    
               Taxpayers are liable for a penalty equal to 20 percent of              
          the part of the underpayment to which section 6662 applies.  Sec.           
          6662(a).  For purposes of section 6662(a), negligence includes              
          any failure to make a reasonable attempt to comply with the                 
          provisions of the Internal Revenue Code.  Sec. 6662(c).  The                
          accuracy-related penalty under section 6662(a) does not apply to            
          any part of an underpayment if the taxpayer shows that there was            
          reasonable cause for that part and that the taxpayer acted in               
          good faith.  Sec. 6664(c)(1).                                               







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