- 11 - addition to tax is 5 percent of the amount required to be reported on the return for each month or fraction thereof during which such failure to file continues, not to exceed 25 percent in the aggregate. See sec. 6651(a)(1). The question whether failure to timely file is due to reasonable cause and not willful neglect is one of fact, on which petitioner bears the burden of proof. See Rule 142(a); United States v. Boyle, 469 U.S. 241 (1985). Petitioner's argument regarding the imposition of the section 6651(a)(1) addition to tax is contained in the following sentence: "In that petitioner's 1990 income tax return was timely filed, it follows that petitioner is not liable for this penalty." We have found that petitioner's return was not timely filed. Moreover, as United States v. Boyle, supra, makes clear, while a taxpayer may entrust the filing of a tax return to an agent, the taxpayer does so at his or her own risk. Respondent's determination of the addition to tax under section 6651(a)(1) for 1990 is sustained. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011