- 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