- 6 - property,4 and distributions from qualified retirement plans5 were includable in petitioner's gross income for the years in issue, and that the distributions from qualified retirement plans were subject to additional tax under section 72(t). Petitioner presented neither evidence nor argument that showed error in respondent's determinations. Consequently, with the one modification to reflect respondent's concession as to petitioner's increased basis in the property sold, we sustain the deficiencies determined by respondent. II. Section 6651 -- Failure To File Respondent determined that petitioner is liable for additions to tax under section 6651(a)(1). Section 6651(a)(1) imposes an addition to tax for failure to file a return timely unless the taxpayer shows that the failure was due to reasonable cause and not willful neglect. See Kotmair v. Commissioner, 86 T.C. 1253, 1263 (1986). A failure to file timely is due to reasonable cause if the taxpayer exercised ordinary business care and prudence and, nevertheless, was unable to file the return 4 At trial, petitioner testified that he had an additional $21,000 basis in the property due to a corresponding payment made to his ex-wife as part of their divorce settlement. Petitioner submitted no documentation or additional evidence in support of his claim, and we do not find his testimony credible. Therefore, petitioner realized gain in the amount of $64,400, and because petitioner has failed to show any exemption from the recognition of that gain, it is fully includable in his gross income for 1993. See secs. 61(a)(3), 1034, 1221. 5 See secs. 72, 402(a), 408(d)(1).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011