Chrys L. Udoh - Page 11




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          from qualified retirement plans.  Using funds received from a               
          distribution in petitioner's business is not encompassed within             
          these exceptions.  See sec. 72(t)(2)(A), (B), and (C).                      
          Respondent is sustained on this issue.                                      
          4.   Section 6651(a) Addition to Tax                                        
               Respondent determined that petitioner is liable for the                
          addition to tax under section 6651(a) for failure to file a                 
          timely return for the 1994 taxable year.                                    
               Section 6651(a)(1) provides for an addition to tax for                 
          failure to file a timely return.  The addition to tax is equal to           
          5 percent of the amount required to be shown as tax on the                  
          return, with an additional 5 percent for each additional month or           
          fraction thereof that the return is filed late, not exceeding 25            
          percent in the aggregate.                                                   
               A taxpayer may avoid the addition to tax by establishing               
          that the failure to file a timely return was due to reasonable              
          cause and not willful neglect.  Rule 142(a); United States v.               
          Boyle, 469 U.S. 241, 245-246 (1985).  A failure to file is due to           
          "reasonable cause" if the taxpayer exercised ordinary business              
          care and prudence and was, nevertheless, unable to file his                 
          return within the date prescribed by law.  See Crocker v.                   
          Commissioner, 92 T.C. 899, 913 (1989); Estate of Vriniotis v.               
          Commissioner, 79 T.C. 298, 310 (1982); sec. 301.6651-1(c)(1),               
          Proced. & Admin. Regs.  Willful neglect is viewed as a conscious,           





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