Anthony Tinsman - Page 17





                                        - 17 -                                        
          chapter 61 but are contained in chapter 1.  Section 1.408-7,                
          Income Tax Regs., describes reports on distributions from                   
          individual retirement plans.  The regulation contains no                    
          requirement that Forms 1099-R be verified by written declaration            
          under penalties of perjury, and neither the form nor the                    
          instructions contain such a requirement.  Therefore, no written             
          verification by written declaration under penalties of perjury is           
          required for the form.                                                      
               Petitioner raised no argument and presented no evidence on             
          the issue of his liability for the additional tax on early                  
          distributions from qualified retirement accounts.                           
               On this record, we sustain respondent's determinations.                
          Section 6651(a)(1) Failure To File Timely                                   
               For each year in issue, respondent determined that                     
          petitioner is liable for the addition to tax under section                  
          6651(a)(1) for his failure to file timely a Federal income tax              
          return.  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.  The addition to tax for failure to               
          file a return timely will be imposed if a return is not timely              
          filed unless the taxpayer shows that the delay was due to                   
          reasonable cause and not willful neglect.  See sec. 6651(a)(1).             







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011