John W. Marsh - Page 24




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          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.]                     






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