- 6 - respect to the allowance of exemption deductions for the two dependents as follows: Under Code section 151(e) it says no exemptions shall be allowed under this section with respect to any individual unless the taxpayer identification number of such individual is included in the return claiming the exemption. Our position is that without returns filed, Mr. Porter doesn't get the benefit of claiming the exemptions. Although respondent's counsel accurately recited the current rule of law provided in section 151(e), such rule was not effective during the taxable years in issue. Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1615(d), 110 Stat. 1755, 1853. Accordingly, we hold that petitioner is entitled to dependency exemption deductions for his two sons for 1992, 1993, 1994. The fourth issue for decision is whether petitioner is liable for the section 6651(a)(1) additions to tax for failure to file his 1992, 1993, and 1994 returns. Section 6651(a)(1) imposes an addition to tax for failure to file timely returns, unless the taxpayer establishes that such failure is due to reasonable cause and not due to willful neglect. "Reasonable cause" requires the taxpayer to demonstrate that he exercised ordinary business care and prudence and was nonetheless unable to file a return within the prescribed time. United States v. Boyle, 469 U.S. 241, 245-246 (1985). "Willful neglect" means a conscious, intentional failure or reckless indifference. Id. at 245. The addition to tax equals 5 percentPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011