James C. Weachock - Page 3




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          in issue and is therefore liable for an addition to tax under               
          section 6651(a)(1) for failure to file timely a return.                     
                                       OPINION                                        
               Section 6651(a)(1) provides for a 5-percent-per month                  
          addition to tax, not to exceed 25 percent, if a taxpayer fails to           
          file timely a Federal income tax return, unless such failure is             
          due to reasonable cause and not due to willful neglect.  The                
          taxpayer has the burden of proving that the Commissioner's                  
          determination of the addition to tax is erroneous.  See BJR Corp.           
          v. Commissioner, 67 T.C. 111, 131 (1976); Bebb v. Commissioner,             
          36 T.C. 170 (1961); cf. sec. 7491, effective for court                      
          proceedings arising in connection with examinations commencing              
          after July 22, 1998.                                                        
               Respondent determined that petitioner is liable for an                 
          addition to tax under section 6651(a)(1) for failure to file                
          timely his 1993 return.  Petitioner testified at trial that he              
          mailed his return to respondent timely as he did every year on,             
          or a few days prior to, April 15.  He contends that the first               
          information he had that his 1993 return had not been received and           
          filed was when his 1993 tax year was audited in 1995.  He                   
          contends that he thereafter mailed respondent a copy of his 1993            
          return that he had maintained for his records.  Petitioner                  
          offered nothing more than his own testimony in support of his               
          contention that he timely filed his 1993 return.                            





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