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advice with respect to claiming any of the disallowed costs of
goods sold or deductions. Accordingly, we sustain respondent’s
determination on the applicability of this penalty.
Issue 8. Friscia Construction’s Section 6651 Addition to Tax
Friscia Construction filed a Form 1120, U.S. Corporation
Income Tax Return, for the 1995 taxable year (the 1995 return), on
November 8, 1996. As extended, the due date for Friscia
Construction’s 1995 return was March 15, 1996.
Respondent determined an addition to tax under section
6651(a), asserting that Friscia Construction failed to file a
timely 1995 return and that it did not show that its failure was
due to reasonable cause. Michael Friscia testified that he did
not know why the 1995 return was filed late. There is no evidence
in the record that Friscia Construction had reasonable cause for
filing the 1995 return late. Accordingly, we hold that Friscia
Construction is liable for an addition to tax under section
6651(a).
We have considered all arguments by both parties for holdings
contrary to those which we reach herein, and, to the extent not
discussed above, have found those arguments to be irrelevant or
without merit.
To reflect the foregoing and concessions,
Decisions will be entered
under Rule 155.
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