- 10 - Rule 142(a). Petitioners failed to present evidence demonstrating that they exercised reasonable care in determining their tax liability for 1994. We find that petitioners are liable for the accuracy-related penalty under section 6662(a) for 1994 for the portion of the underpayment related to their embezzled income and disallowed itemized deductions. Failure To File Section 6651(a)(1) imposes an addition to tax for failure to file a return within the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The amount added to the tax under this section is 5 percent for each month or fraction thereof during which the return is late up to a maximum of 25 percent. See sec. 6651(a)(1). Petitioners' 1994 return was received by respondent on September 11, 1995, and thus was filed on that date (over 4 months late). See sec. 6072(a); Sanderling, Inc. v. Commissioner, 67 T.C. 176, 178-179 (1976), affd. in part 571 F.2d 174 (3d Cir. 1978); Pryor v. Commissioner, T.C. Memo. 1994-287; Grossman v. Commissioner, T.C. Memo. 1986-439. Petitioners admit that they never filed a return for 1995. In regard to 1994, petitioners assert that their return was "accepted" by respondent; therefore, they should not be liable for the addition to tax for failure to file. Petitioners'Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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