- 10 - 4. Addition for Failure To Timely File Return Section 6651(a)(1) provides that a taxpayer who fails to timely file a return “shall” pay an addition to tax of 5 percent per month of the amount required to be shown on the return, not to exceed 25 percent. The provision is mandatory, “unless it is shown that such failure is due to reasonable cause and not due to willful neglect.” Id. Respondent did not include a failure to file addition under section 6651(a)(1) in the notice of deficiency, presumably because respondent’s personnel at the Internal Revenue Service Center were confused by the unsigned Form 1040 filed by petitioner showing no tax due. Had respondent included the section 6651(a)(1) addition in the notice of deficiency, petitioner would have been liable for an addition of 25 percent of the amount that should have been shown on the return. Section 6214(a) gives us jurisdiction to redetermine the correct amount of the deficiency even if the amount so redetermined is greater than the amount set forth in the notice of deficiency “if claim therefor is asserted by the Secretary at or before the hearing or a rehearing.” Even after realizing that petitioner had failed to file a valid income tax return, respondent inexplicably did not assert a claim for the section 6651(a)(1) addition. Because respondent asserted no claim for the section 6651(a)(1) addition at or before the hearing, wePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011