- 7 - and therefore his tax home. It follows that he is not entitled to deductions for meals and lodging expenses while working in Guam, and respondent’s determinations in this regard are sustained. II. Section 6651(a)(1) Addition to Tax Petitioner’s 1996 Federal income tax return was due on or before April 15, 1997, see sec. 6072(a), but it was not filed until December 10, 1997. Section 6651(a)(1) provides for an addition to tax of 5 percent of the amount of the tax required to have been shown on the return if the failure to file is for not more than 1 month, with an additional 5 percent for each month in which the failure to file continues, to a maximum of 25 percent of the tax in the aggregate. If an income tax return is not filed within 60 days of the prescribed date for filing (including extensions), the addition to tax imposed is not less than the lesser of $100 or 100 percent of the amount required to be shown as a tax on the return. See sec. 6651(a). The addition to tax is applicable unless it is shown that the failure to file is due to reasonable cause and not due to willful neglect. See id. Petitioner’s 1996 return was filed more than 60 days after April 15, 1997. The amount required to have been shown as a tax on that return exceeds $100. In the notice of deficiency, respondent determined that petitioner was liable for a $100Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011