- 24 - statutory regime was again changed in relation to 1989.6 Respondent determined that petitioner is liable under the provision of section 6651(f) in relation to his failure to file for 1989. That section, so far as is relevant, provided that if any failure to file any return is fraudulent the additions to tax for failure to file provided in section 6651(a) are increased from 5 percent to 15 percent and from 25 percent to 75 percent respectively.7 There is an underpayment of tax for each of the years in issue. Petitioner was aware of his legal obligation to file for the years preceding the years in issue and did in fact file returns for years prior to 1986. Petitioner did not file returns for 1986, 1987, 1988, and 1989, or any years thereafter. 5(...continued) establishes is not attributable to fraud. 6See Omnibus Budget Reconciliation Act of 1989, Pub. L. 101- 239, sec. 7721(c)(1) (deleting Code sec. 6653(b)), and sec. 7741(a) (inserting the new Code sec. 6651(f)). 7SEC. 6651(a). Addition to the Tax.--In case of failure-- (1) to file any return required under authority of subchapter A of chapter 61 * * * there shall be added to the amount required to be shown as tax on such return * * * [15] percent of the amount of such tax if the failure is for not more than 1 month, with an additional * * * [15] percent for each additional month or fraction thereof during which such failure continues, not exceeding * * * [75] percent in the aggregate; [Sec. 6651(a), (f). The bracketed percentages are substituted into sec. 6651(a) pursuant to sec. 6651(f) in cases where the failure to file is fraudulent.]Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011