- 9 - Closing Statement lists $9,717 of selling expenses which are to be deducted from the $103,970 figure to reach a net capital gain of $94,253. Thus, the capital gain adjustment is $95,710 ($94,253 + $1,457). This can be reflected in the Rule 155 computation. Under section 7491(c), respondent has the burden of production in any court proceeding with respect to the liability of any individual for any penalty or addition to tax. Section 6651(a)(1) imposes an addition to tax for failure to file a return on time. The addition equals 5 percent for each month that the return is late, not to exceed 25 percent. The addition to tax under section 6651(a)(1) is imposed unless the taxpayer establishes that the failure was due to reasonable cause and not willful neglect. “Reasonable cause” requires a taxpayer to demonstrate that he or she 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.” Id. at 245. Petitioners’ return was untimely filed on March 15, 1996, and bore a signature date of April 6, 1996. The return was due on April 15, 1994. At trial, petitioner admitted the 1993 return was filed in 1996. Petitioner claimed that he had financial difficulties to the point of filing a bankruptcy proceeding. Petitioner’s unfortunate personal and financial circumstances doPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011