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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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