- 39 - 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).Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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