Ronald and Nancy Sweet - Page 9




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          addition to tax is equal to 5 percent of the amount of the tax              
          required to be shown on the return if the failure to file is not            
          for more than 1 month.  Sec. 6651(a)(1).  An additional 5 percent           
          is imposed for each month or fraction thereof in which the                  
          failure to file continues, to a maximum of 25 percent of the tax.           
          Id.                                                                         
               The additions are applicable unless petitioners establish              
          that their failure to timely file the returns was due to                    
          reasonable cause and not willful neglect.  Id.  If petitioners              
          exercised ordinary business care and prudence and were                      
          nonetheless unable to file their returns within the date                    
          prescribed by law, then reasonable cause exists.  Sec. 301.6651-            
          1(c)(1), Proced. & Admin. Regs.  “Willful neglect” means a                  
          “conscious, intentional failure or reckless indifference.”                  
          United States v. Boyle, 469 U.S. 241, 245 (1985).                           
               Petitioners’ 1988 and 1989 Federal income tax returns were             
          due on April 17, 1989, and April 16, 1990, respectively.                    
          Petitioners did not file their returns until June 17, 1997, after           
          the commencement of the audit.                                              
               Petitioner’s separate 1990, 1991, and 1992 Federal income              
          tax returns were due on April 15, 1991, April 15, 1992, and April           
          15, 1993, respectively.  These returns were also not filed until            
          June 17, 1997.                                                              
               Petitioners offered no explanation for their failure to                






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