- 22 - 6651(b). The taxpayer bears the burden of proving that the failure is due to reasonable cause and not willful neglect. See United States v. Boyle, 469 U.S. 241, 245 (1985). Petitioner filed his 1994 return 1 year late. He contends that he is not liable for the addition to tax for failure to timely file because the amount of his withholdings for 1994 exceeded his tax liability, and he claims he does not owe any additional tax for that year. We disagree. Petitioner is liable for the addition to tax for failure to timely file the 1994 return because he is liable for additional tax for 1994 attributable to his change in filing status, the understatement of gross receipts from the tax preparation business, and the disallowance of various deductions. G. Accuracy-Related Penalty Under Section 6662(a) Respondent contends that petitioner is liable for the accuracy-related penalty for negligence under section 6662 for 1994 and 1995. Taxpayers are liable for a penalty equal to 20 percent of the part of the underpayment attributable to negligence or disregard of rules or regulations. See sec. 6662(a) and (b)(1). Petitioner contends that he is not liable for the negligence penalty because he does not owe any additional tax for 1994 and 1995. We disagree, based on our holdings above. We hold that he is liable for the negligence penalty for 1994 and 1995.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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