- 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