Earl E. Cloud, Jr. and Sheila S. Cloud - Page 18




                                       - 18 -                                         
          Being “too busy”, however, does not constitute reasonable cause             
          for failure to file timely returns.  See Dustin v. Commissioner,            
          53 T.C. 491, 507 (1969); Olsen v. Commissioner, T.C. Memo. 1993-            
          432.  As a practicing attorney, petitioner should have been                 
          alert to his legal obligations to file Federal income tax                   
          returns.  We sustain respondent’s determinations on this issue.             
          Sections 6653(a)(1) and 6662                                                
               For returns due after December 31, 1988, section 6653(a)(1)            
          imposes an addition to tax equal to 5 percent of the                        
          underpayment if any part of any underpayment is “due to                     
          negligence or disregard of rules or regulations”.  For returns              
          due after December 31, 1989, section 6662 imposes a penalty                 
          equal to 20 percent of the portion of the underpayment that is              
          attributable to negligence or disregard of rules or regulations.            
          Under both sections 6653(a)(3) and 6662(c), negligence includes             
          any failure to make a reasonable attempt to comply with the                 
          provisions of the Internal Revenue Code, and disregard includes             
          any careless, reckless, or intentional disregard.                           
               A taxpayer’s failure to keep adequate books and records may            
          constitute negligence and also indicates disregard of the rules             
          or regulations requiring a taxpayer to keep records sufficient              
          to establish, among other things, the taxpayer’s gross income               
          and deductions.  See Crocker v. Commissioner, 92 T.C. 899, 917              
          (1989).                                                                     






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011