- 10 - unable to file a return within the prescribed time. United States v. Boyle, 469 U.S. 241, 246 (1985); sec. 301.6651-1(c)(1), Proced. & Admin. Regs. “Willful neglect” means a conscious, intentional failure or reckless indifference. United States v. Boyle, supra at 245. In the present case, petitioner failed to file income tax returns for the years in issue notwithstanding the fact that his gross income far exceeded the threshold amount that triggered the filing requirement for each year. Petitioner offered no evidence whatsoever that would support a finding that his failure to file was due to reasonable cause and not willful neglect. In view of the foregoing, we hold that petitioner is liable for the additions to tax under section 6651(a)(1) as determined by respondent in the notices of deficiency. D. Additions to Tax for Failure To Pay (1996 and 1997) Section 6651(a)(2) imposes an addition to tax for failure to pay the amount shown as tax on a return on or before the date prescribed for payment of such tax.4 The addition to tax may be avoided if the failure to pay is due to reasonable cause and not 4 Sec. 6651(g)(2) provides that in the case of any return made by the Commissioner under sec. 6020(b), such return shall be treated as the return filed by the taxpayer for purposes of determining the amount of the addition to tax under sec. 6651(a)(2). Sec. 6651(g)(2) applies in the case of any return the due date for which (determined without regard to extensions) is after July 30, 1996. See Taxpayer Bill of Rights 2, Pub. L. 104-168, sec. 1301(b), 110 Stat. 1475. Thus, sec. 6651(g)(2) applies only to petitioner’s 1996 and 1997 returns.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011