Gail Carlett Dixon - Page 12




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          Therefore, respondent's determination that petitioner had                   
          unreported notary income of $4,000, $6,000, and $7,000 for 1990,            
          1991, and 1992, respectively, is sustained.                                 
               Based on the foregoing, we sustain respondent's                        
          determination that petitioner had unreported income from her sole           
          proprietorship in the amounts of $87,000, $128,000, and $153,000            
          for the 1990, 1991, and 1992 taxable years, respectively.                   
          II. Addition to Tax Under Sec. 6651(a)(1)                                   
               Respondent determined additions to tax for failure to file             
          timely tax returns under section 6651(a)(1) in the amounts of               
          $4,310, $8,493, and $10,178 for 1990, 1991, and 1992,                       
          respectively.  Section 6651(a)(1) provides for an addition to tax           
          of 5 percent per month for each month or part of a month for                
          which a return is late, the aggregate not to exceed 25 percent.             
          A taxpayer has a nondelegable duty to file a timely return but              
          can avoid the addition to tax for failing to do so by                       
          affirmatively showing that the delinquency was due to reasonable            
          cause and not due to willful neglect.  See sec. 6651(a).  The               
          taxpayer bears the burden of proving both (1) that the failure              
          did not result from willful neglect, and (2) that the failure was           
          due to reasonable cause.  See United States v. Boyle, 469 U.S.              
          241, 245 (1985).  If the taxpayer does not meet this twin burden,           








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