- 4 - farming income, on Schedules F of their 1988 and 1989 Federal income tax returns. Petitioners failed to report $9,793.70 and $2,941.20 of the diverted refund checks on petitioners' 1988 and 1989 income tax returns, respectively. Respondent correctly disallowed $13,367.60 of cost of goods sold claimed by petitioners on Schedule F attached to their 1988 Federal income tax return. Petitioners, for 1989, failed to report taxable fee income from clients totaling $16,322. Petitioners did not fail to report $750 in fee income from D & D Supply for 1989, as determined by respondent. OPINION We first consider whether petitioners are liable for the additions to tax under section 6651(a)(1) for their failure to file Federal income tax returns for 1988 and 1989. Section 6651(a)(1) imposes an addition to tax for a taxpayer's failure to file a timely return unless the taxpayer can establish that such failure "is due to reasonable cause and not due to willful neglect". The addition to tax is 5 percent of the amount required to be shown on the return for each month beyond the return's due date, not to exceed 25 percent. Sec. 6651(a)(1). Petitioners must show that their failure to timely file Federal income tax returns for 1988 and 1989 was due to reasonable cause and not due to willful neglect. Rule 142(a); United States v. Boyle, 469 U.S. 241, 245 (1985). The partiesPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011