Ronald A. Mason - Page 15




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          not be liable for the additions to tax under section 6651(a)(1)             
          and (2), petitioner contends that he had reasonable cause for               
          failing to file timely his return for 1996 and failing to pay               
          timely his tax liability for that year and that those failures              
          were not due to willful neglect.  According to petitioner,                  
          reasonable cause existed because:                                           
                         a.  Petitioner personally prepared his                       
                    federal income tax returns.  He has no spe-                       
                    cial education or training which would have                       
                    reasonably led him to be aware of the tax law                     
                    which disallowed the use of his 1995 tax                          
                    overpayment.                                                      
                         b.  Petitioner had been severely penal-                      
                    ized already by the loss of $102,033.00 [1995                     
                    overpayment of $61,151 for which he may not                       
                    receive a refund or credit and 1996 underpay-                     
                    ment of $40,882 which he must pay] which the                      
                    Government has gained.                                            
                         c.  The level of complexity of the issue                     
                    resulting in the loss of Petitioner’s 1995                        
                    tax overpayment is quite high as evidenced                        
                    by, among other things, the split decision of                     
                    the Supreme Court in Commissioner v. Lundy,                       
                    516 U.S. 235 (1996).                                              
                         d.  Importantly, Petitioner should be                        
                    given credit and awarded because he did pay                       
                    his taxes timely albeit the application of                        
                    certain tax laws prevent the use of                               
                    $61,151.00 in 1996 of his 1995 tax overpay-                       
                    ment.  The Government did receive this money.                     
                                                                                     
               On the record before us, we find that petitioner has failed            
          to satisfy his burden of showing that he had reasonable cause for           
          failing to file timely his 1996 return and failing to pay timely            
          his 1996 tax liability.  Petitioner is well educated and an                 





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