Edward R. Stolz II - Page 10




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          reliance on an agent, and such reliance is not ‘reasonable cause’           
          for a late filing under � 6651(a)(1).”  Id. at 251-252; see also            
          Cooper v. Commissioner, T.C. Memo. 1997-494; Radabaugh v.                   
          Commissioner, T.C. Memo. 1992-572.                                          
               Given this standard, the failure on the part of petitioner             
          here to ensure that his return was mailed with sufficient postage           
          prepaid and postmarked by the October 15, 1996, due date renders            
          him subject to the section 6651(a) addition to tax.  Even if the            
          return was stamped and mailed by the accountant, as petitioner              
          claims, such reliance upon an agent for timely filing would not             
          constitute reasonable cause within the meaning of the statute.              
          Furthermore, nothing in the record supports petitioner’s related            
          contention that Postal Service error is responsible for the                 
          untimeliness.  Although petitioner asserts that 64 cents was in             
          fact sufficient postage, he did not offer into evidence the                 
          actual weight of the original return and envelope.  The envelope            
          in which the return was successfully sent bears 78 cents postage            
          affixed by a postal meter.  Petitioner has not shown that the               
          return, when weighed by the meter, was not heavy enough to                  
          require 78 cents.                                                           
          Section 6662(a) Accuracy-Related Penalty                                    
               Subsection (a) of section 6662 imposes an accuracy-related             
          penalty in the amount of 20 percent of any underpayment that is             
          attributable to causes specified in subsection (b).  Subsection             






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