- 16 - determination is in error. Petitioner also stipulated that she received $15 of interest in 1992. We sustain respondent’s determination regarding these items. Section 6651(a)(1) Addition to Tax The final issue is whether petitioner is liable for the addition to tax under section 6651(a)(1) for 1992. Petitioner contends that she did not have enough information to file a return because she could not verify that part of the income reflected on her 1992 Form W-2 represented backpay and interest on the backpay rather than an unauthorized withdrawal from her retirement fund. It is well settled that in order to avoid the addition to tax prescribed by section 6651(a), petitioner bears the burden of proving both (1) that the failure did not result from “willful neglect,” and (2) that the failure was “due to reasonable cause.” Sec. 6651(a)(1); United States v. Boyle, 469 U.S. 241, 245 (1985). “Willful neglect” denotes “a conscious, intentional failure or reckless indifference.” United States v. Boyle, supra at 245. “Reasonable cause” correlates to “ordinary business care and prudence”. Id. at 246 n.4; sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Petitioner was aware of her need to file a return but questioned the information on the Form W-2 that she received from the district. Petitioner contacted the district but was unablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011