- 21 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
Last modified: May 25, 2011