- 31 - that petitioner has not presented evidence that he had a reasonable cause for not filing his 1987, 1988, and 1990 returns. Furthermore, petitioner has not shown that his failure to file was not due to willful neglect. Accordingly, we sustain respondent’s determination with respect to the section 6651(a) additions to tax.9 Fraud Respondent determined that petitioner is liable for additions to tax for fraud under sections 6653(b), 6651(f), and 6663. Respondent seeks to apply (1) the section 6653(b)(1)(A) and (B) additions to the 1987 adjustment for unreported gross receipts; (2) the section 6653(b)(1) addition to the 1988 adjustments for unreported gross receipts, unreported capital gains and unreported interest income; (3) the section 6651(f) addition for the 1989 fraudulent failure to file an income tax return;10 and (4) the section 6663 addition for the 1990 adjustments for unreported gross receipts, unreported capital gains, and unreported interest income. 9 Respondent concedes that no addition to tax under sec. 6651 for the 1987 and 1988 tax years will be assessed with respect to the portion of the underpayment that is attributable to fraud. See sec. 6653(d). 10 Under sec. 6664(b), the civil fraud penalty of sec. 6663 determined in the notice of deficiency does not apply because petitioner did not file a 1989 return. Rather, the fraud delinquency penalty of sec. 6651(f) applies.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011