Christopher M. and Theanne K. Weil - Page 7




                                        - 7 -                                         
          the return is due to reasonable cause and not due to willful                
          neglect.  Sec. 6651(a)(1).  The taxpayer has the burden of                  
          proving the addition is improper.  Rule 142(a); United States v.            
          Boyle, 469 U.S. 241, 245 (1985).                                            
               With extensions, petitioners' return for taxable year 1995             
          was due on October 15, 1996.  The parties have stipulated that              
          petitioners filed their return for 1995 on June 16, 1997,                   
          approximately 8 months after it was due.  The record is devoid of           
          any showing that petitioners' failure to file timely was due to             
          reasonable cause and not due to willful neglect.  E.g., Williams            
          v. Commissioner, 114 T.C. 136 (2000).  Accordingly, we hold that            
          petitioners are liable for the addition to tax determined under             
          section 6651(a)(1).                                                         
          Accuracy-Related Penalty                                                    
               For 1996,4 respondent determined that petitioners are liable           
          for the accuracy-related penalty provided under section 6662(a),            
          which imposes a 20-percent penalty on the portion of an                     
          underpayment of tax that is attributable to, inter alia, (1)                
          negligence or disregard of rules or regulation or (2) any                   
          substantial understatement of income tax.  The accuracy-related             
          penalty does not apply to any portion of an underpayment for                
          which there was reasonable cause and with respect to which the              



               4As stated above, respondent conceded the accuracy-related             
          penalty for 1995.                                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011