- 23 -
willful neglect". The addition is 5 percent of the amount
of the tax required to be shown on the return for each
month the failure continues, not exceeding 25 percent in
the aggregate.
In this case, petitioners filed their return more than
1 month after the due date. Respondent determined that
petitioners are liable for an addition to tax of $2,736
pursuant to section 6651(a)(1). Petitioners did not
address this issue in their petition, in their trial
memorandum, at trial, or in their posttrial brief. By
failing to address the issue, petitioners have conceded
it. See Money v. Commissioner, supra. Accordingly, we
find petitioners are liable for an addition to tax under
section 6651(a)(1).
Based upon the foregoing,
Decision will be entered
under Rule 155.
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