Philip Lewis Hart - Page 6




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          exercised ordinary business care and prudence.  United States v.            
          Boyle, 469 U.S. 241, 246 (1985).  Willful neglect is defined as a           
          "conscious, intentional failure or reckless indifference."  Id.             
          at 245.                                                                     
               Petitioner admitted that he did not file a tax return for              
          1996, and he did not provide any reason for his failure to file.            
          Because petitioner presented no reasonable cause for his failure            
          to file, we sustain respondent’s determination of the addition to           
          tax under section 6651(a)(1).                                               
               Because the 1995 tax return was timely filed, we do not have           
          jurisdiction over the section 6654 addition to tax for 1995.                
          Fujita v. Commissioner, T.C. Memo. 1999-164.                                
               We now consider whether petitioner is liable for the                   
          addition to tax under section 6654 for the failure to pay                   
          estimated taxes for 1996.  Section 6654(c) imposes a requirement            
          that estimated taxes be paid in installments.  If a taxpayer                
          fails to pay a sufficient amount of estimated taxes, section                
          6654(a) provides for a mandatory addition to tax in the absence             
          of exceptions not applicable here.  Grosshandler v. Commissioner,           
          75 T.C. 1, 20-21 (1980).  Petitioner failed to pay estimated                
          taxes in 1996, and no Federal income tax was withheld from his              
          income.  Accordingly, petitioner is liable for the addition to              
          tax under section 6654 for the 1996 taxable year.                           







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