- 13 - Duttenhofer v. Commissioner, 49 T.C. 200, 204 (1967), affd. per curiam 410 F.2d 302 (6th Cir. 1969). Petitioner asserts that reasonable cause existed with respect to his failure to file a timely return. Petitioner contends that, since 1993 was a postbankruptcy petition year, the documents petitioner needed to file the return were in the possession of the bankruptcy trustee. As such, petitioner did not have access to the documents. Despite petitioner's assertion, there is nothing in the record to suggest petitioner ever attempted to file a timely return. Petitioner never requested an extension to file his return as provided under section 6081. Furthermore, there is no evidence in the record that petitioner requested the trustee to provide him access to, or copies of, such records. In addition, we note petitioner's 1990 and 1991 taxable years were post- bankruptcy petition tax years. However, petitioner's 1990 and 1991 tax returns were timely filed. Accordingly, we hold petitioner is liable for the addition to tax under section 6651(a). 3. Section 6654(a) Addition to Tax Respondent determined an addition to tax against petitioner under section 6654(a) for failure to make timely estimated tax payments. This addition to tax is mandatory and cannot be waived due to reasonable cause. Recklitis v. Commissioner, 91 T.C. 874, 913 (1988); Grosshandler v. Commissioner, 75 T.C. 1, 21 (1980); Estate of Ruben v. Commissioner, 33 T.C. 1071, 1072 (1960); sec.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011