- 19 - VI. Section 6651(a)(1) Addition to Tax Section 6651(a)(1) imposes an addition to tax for delinquency in filing returns and provides in relevant part as follows: SEC. 6651. FAILURE TO FILE TAX RETURN OR TO PAY TAX. (a) Addition to the Tax.--In case of failure– (1) to file any return required under authority of subchapter A of chapter 61 * * * , on the date prescribed therefor (determined with regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be added to the amount required to be shown as tax on such return 5 percent of the amount of such tax if the failure is for not more than 1 month, with an additional 5 percent for each additional month or fraction thereof during which such failure continues, not exceeding 25 percent in the aggregate. The Supreme Court has characterized the foregoing section as imposing a civil penalty to ensure timely filing of tax returns and as placing on the taxpayer “the heavy burden of proving both (1) that the failure did not result from ‘willful neglect,’ and (2) that the failure was ‘due to reasonable cause’”, in order to escape the penalty. United States v. Boyle, 469 U.S. 241, 245 (1985). “Willful neglect” denotes “a conscious, intentional failure or reckless indifference.” Id. “Reasonable cause” correlates to “ordinary business care and prudence”. Id. at 246 & n.4; sec. 301.6651-1(c)(1), Proced. & Admin. Regs.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011