- 10 - 245 (1985). Whether petitioner acted with "reasonable cause", and not with "willful neglect", is a question of fact, and petitioner bears the burden of proof. See Rule 142(a); see also Lee v. Commissioner, 227 F.2d 181, 184 (5th Cir. 1955), affg. a Memorandum Opinion of the Court dated Jan. 1, 1953. Respondent's request for admissions requested that petitioner admit or deny the following, all of which pertain to the issue of petitioner's liability for an addition to tax for failure to file timely pursuant to section 6651(a)(1): 1. Petitioner did not file his joint federal income tax return for tax year ended December 31, 1993 * * * until August 2, 1995. 2. Petitioner failed to timely file his income tax return for the taxable year 1993. 3. Petitioner had no excuse for failing to timely file the aforesaid tax return. Pursuant to Rule 90(c), each matter is deemed admitted unless, within 30 days after service of the request or within such shorter or longer time as the Court may allow, the party to whom the request is directed serves upon the requesting party a written answer which admits or denies the assertions made by respondent. Based on the deemed admissions as a result of petitioner's failure to file any response to respondent's requests pursuant to Rule 90(c), we sustain respondent's determination as to the failure to file timely penalty pursuant to section 6651(a)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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