- 4 - reasoning and copious citation of precedent; to do so might suggest that these arguments have some colorable merit." Crain v. Commissioner, 737 F.2d 1417, 1417 (5th Cir. 1984). Accordingly, we sustain respondent's deficiency determination.1 Respondent determined that petitioner is liable for additions to tax pursuant to section 6651(a)(1). Section 6651(a)(1) imposes an addition to tax for failure to file a return on the date prescribed (determined with regard to any extension of time for filing), unless the taxpayer can establish that such failure is due to reasonable cause and not due to willful neglect. The taxpayer has the burden of proving the addition is improper. See Rule 142(a); United States v. Boyle, 469 U.S. 241, 245 (1985). Petitioner stipulated that she did not file returns for 1994 and 1995, and she offered no evidence showing that her failure to file was due to reasonable cause and not due to willful neglect. Accordingly, we hold that petitioner is liable for the additions to tax under section 6651(a)(1). Respondent also determined that petitioner is liable for additions to tax pursuant to section 6654 for failing to make estimated tax payments. Petitioner did not offer any evidence at 1 Respondent also determined that petitioner is subject to self-employment tax. Petitioner presented no evidence at trial regarding this issue and failed to address it on brief. Therefore, we hold that petitioner is subject to self-employment tax. See Rule 142(a); see also Petzoldt v. Commissioner, 92 T.C. 661, 683 (1989).Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011