- 16 - to increase the additions to tax under section 6651(a)(1) for each of the years in issue for failure to timely file, section 6651(a)(2) for 1996 for failure to timely pay,6 and section 6654(a) for 1995 and 1996 for failure to pay estimated income taxes.7 Section 6651(a)(1) provides for an addition to tax where a return is not timely filed “unless it is shown that such failure is due to reasonable cause and not due to willful neglect”. Similarly, section 6651(a)(2) provides for an addition to tax where payment of tax is not timely “unless it is shown that such failure is due to reasonable cause and not due to willful neglect”. On the other hand, section 6654(a) provides for an addition to tax “in the case of any underpayment of estimated tax by an individual”. Section 6654 does not provide relief for reasonable cause. Respondent attached to the motion to dismiss for failure to properly prosecute a Form 3050 (Certification of Lack of Record) indicating that as of May 26, 2000, respondent did not have in his possession a Form 1040 (U.S. Individual Income Tax Return) for petitioner’s 1994, 1995, or 1996 taxable years. Also 6 Respondent concedes that petitioner is not liable for the additions to tax under sec. 6651(a)(2) for 1994 and 1995. 7 Respondent concedes that petitioner is not liable for an addition to tax under sec. 6654(a) for 1994.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011