Mark D. Pridgen and Kay D. Pridgen - Page 40




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             cause exception set forth in section 6664(c).  Section                   
             6664(c)(1) provides as follows:                                          

                  (1) In General.--No penalty shall be imposed                        
                  under this part with respect to any portion of                      
                  an underpayment if it is shown that there was a                     
                  reasonable cause for such portion and that the                      
                  taxpayer acted in good faith with respect to                        
                  such portion.                                                       

             Petitioners have not shown that there was reasonable cause               
             for the underpayment in this case or that they acted in                  
             good faith.  In this regard, we point to the earlier                     
             discussion in this opinion in which we did not accept                    
             petitioners' testimony that they did not know of or                      
             approve Beaufort Leaf's participation in the scheme.                     
                  Respondent also determined that Mr. Gaskins is liable               
             for an addition to tax under section 6651(a)(1) for failing              
             to timely file his 1991 tax return on the ground that the                
             return was filed after October 15, 1992, the due date of                 
             the return.  Respondent's determination is based upon the                
             postmark on the envelope in which Mr. Gaskins' return was                
             mailed to the Internal Revenue Service.  Petitioners did                 
             not address this issue at trial or mention it in their                   
             posttrial briefs.  Accordingly, we hereby sustain                        
             respondent's determination and find Mr. Gaskins liable                   
             for the addition to tax under section 6651(a)(1).                        






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