- 14 - The addition equals 5 percent for each month that the return is late, not to exceed 25 percent. Sec. 6651(a)(1). Additions to tax under sections 6651(a)(1) are imposed unless the taxpayer establishes that the failure was due to reasonable cause and not willful neglect. Petitioners must prove both reasonable cause and a lack of willful neglect. Crocker v. Commissioner, 92 T.C. 899, 912-913 (1989). "Reasonable cause" requires the taxpayers to demonstrate that they exercised ordinary business care and prudence. United States v. Boyle, 469 U.S. 241, 246 (1985). Willful neglect is defined as a "conscious, intentional failure or reckless indifference." United States v. Boyle, Id. at 245. Petitioners filed their 1995 Federal income tax return electronically on May 14, 1996. They did not testify as to why they did not file their return on time. They failed to prove that they had reasonable cause for their late filing and that there was a lack of willful neglect. Therefore, we hold that petitioners are liable for the section 6651(a)(1) addition to tax. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011