Cristeen B. Comey - Page 39




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          negligence or disregard of rules or regulations in the amounts of           
          $1,567 and $23,686 also for 1991 and 1992, respectively.  We have           
          sustained respondent’s determinations concerning the amounts of             
          Mr. Comey’s taxable income for both years.                                  
               Section 6651                                                           
               Section 6651(a)(1) imposes an addition to tax for a                    
          taxpayer’s failure to file a required return on or before the               
          specified filing date unless the failure is due to reasonable               
          cause and not to willful neglect.  Mr. Comey bears the burden of            
          proving that the reasonable cause exception applies or that                 
          respondent’s determination is otherwise erroneous.11  See Rule              
          142(a); United States v. Boyle, 469 U.S. 241, 245 (1985).                   
               The parties have stipulated that Mr. Comey filed his Form              
          1040, Individual Income Tax Return, for 1991 on June 28, 1993.              
          They have also stipulated that Mr. Comey filed his return for               
          1992 on August 4, 1993.                                                     
               Petitioners have neither argued nor introduced any evidence            
          suggesting that Mr. Comey applied for an extension of time to               
          file or had reasonable cause for his failure to file on time.               
          Accordingly, petitioners have failed to show that the section               



               11 As explained supra note 10, the petitions in the cases at           
          hand were filed before the effective date of the burden-shifting            
          provisions of sec. 7491(c).                                                 






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