- 4 - Petitioners were not entitled to deduct rental expenses in the amounts of $8,417, $9,473, and $15,158, for their 1991, 1992, and 1993 taxable years because they had no records to substantiate these expenses. OPINION I. Addition to Tax Under Section 6651(a)(1) Respondent determined that petitioners were liable for the additions to tax under section 6651(a)(1) for the 1991, 1992, and 1993 taxable years. Section 6651(a)(1) imposes an addition to tax for failing to file a timely income tax return, unless such failure to file is due to reasonable cause and not due to willful neglect. The addition to tax is 5 percent of the amount required to be reported on the return for each month or fraction thereof during which such failure to file continues, but not to exceed 25 percent in the aggregate. See sec. 6651(a)(1). As calendar year taxpayers, petitioners' 1991, 1992, and 1993 returns were due on April 15, 1992, 1993, and 1994, respectively. See sec. 6072(a). However, in this case, petitioners filed their 1991 return on January 8, 1993, and their 1992 and 1993 returns on May 11, 1994. Unless petitioners can show that their failure to timely file their returns was due to reasonable cause and not due to willful neglect, respondent's determination will be sustained. The term "reasonable cause" as set forth in section 6651(a)(1) has been defined as the exercise of ordinary businessPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011