Jerry Lee Harvey - Page 45




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               Section 6651(a)(1) provides for an addition to tax for                  
          failure to file a timely return.  The addition to tax is equal to            
          5 percent of the amount required to be shown as tax on the                   
          return, with an additional 5 percent for each additional month or            
          fraction thereof during which the failure continues, not                     
          exceeding 25 percent in the aggregate.                                       
               A taxpayer may avoid the addition to tax by establishing                
          that the failure to file a timely return was due to reasonable               
          cause and not willful neglect.  See Rule 142(a); United States v.            
          Boyle, 469 U.S. 241, 245-246 (1985).  Petitioner did not address             
          this issue.  Accordingly, we sustain respondent's determination              
          of an addition to tax under section 6651(a)(1) for 1992.                     
               To reflect the foregoing,                                               
                                                   Appropriate orders will             
                                              be issued, and decisions will            
                                              be entered under Rule 155.               



















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Last modified: May 25, 2011