Michael T. Chappell - Page 22




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          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.                     






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