- 30 - H. Additions to Tax and Penalties Failure To File Section 6651(a)(1) provides for an addition to tax of 5 percent of the tax required to be shown on the return for each month or fraction thereof for which there is a failure to file, not to exceed 25 percent. To avoid the additions to tax for filing late returns, a taxpayer must show (1) that the failure to file did not result from willful neglect, and (2) that the failure to file was due to reasonable cause. See United States v. Boyle, 469 U.S. 241, 245 (1985). If the taxpayer does not meet his burden, the imposition of the addition to tax is mandatory. See Heman v. Commissioner, 32 T.C. 479 (1959), affd. 283 F.2d 227 (8th Cir. 1960). Petitioner failed to file returns for 1987 and 1988, and petitioner’s 1990 return was filed more than 4 months late, which would result in the imposition of the maximum 25-percent rate for 1987, 1988, and 1990. Petitioner stated that Mr. Perry handled the bank records and checks associated with his law practice but that Mr. Perry’s office burned down, and he died in either 1988 or 1989. Therefore, petitioner claims he had trouble reconstructing the records. Petitioner, however, failed to present any evidence that a fire destroyed petitioner’s records, preventing him from filing returns. Accordingly, we view petitioner’s testimony as self-serving and unconvincing and findPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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