- 12 - F. Whether Petitioner Is Liable for the Addition to Tax For Failure To Timely File His 1993 Return Petitioner contends that he is not liable for the addition to tax under section 6651(a)(1) for failure to timely file his 1993 return because he could not get information from his former spouse. We disagree. A taxpayer must show that late filing of a return was due to reasonable cause and not due to willful neglect to avoid the addition to tax under section 6651(a)(1) for failure to timely file a return. Sec. 6651(a)(1). Petitioner did not show that he took reasonable steps to obtain data from other sources, that he could not have prepared his 1993 return without his former spouse’s cooperation, or that he had reasonable cause for filing his 1993 return late. We conclude that petitioner is liable for the addition to tax under section 6651(a)(1) for failure to timely file his 1993 return. To reflect concessions and the foregoing, An order will be issued denying petitioner’s motion to dismiss, and decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011