- 5 - of proving otherwise. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 61(a) includes in gross income all income from whatever source derived, including gross income derived from business. Sec. 61(a)(2). Petitioners have shown, and respondent has conceded, that they are entitled to deduct $114,394 in business expenses, and we so find. Section 6651(a)(1) imposes an addition to tax for failure to file a timely return, unless the taxpayer establishes: (1) The failure did not result from willful neglect, and (2) the failure was due to reasonable cause. Petitioners did not offer any reason for the late filing of their return. Therefore, respondent’s determination is sustained. Next we consider whether petitioners are liable for a negligence penalty under section 6662(a). The penalty amounts to 20 percent of the portion of the underpayment attributable to negligence. Respondent determined that the entire underpayment is due to negligence. We agree. "Negligence" includes any failure to make a reasonable attempt to comply with the Internal Revenue Code. Sec. 6662(c). Petitioner failed to report $183,585 in income. In response to a question from the Court, he testified that he was trying to operate his business out of a trust in order to avoid taxes, but that he "did not do it correctly". He apparently believed thatPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011