- 11 - Petitioner, however, is not liable for the addition to tax under section 6651(a)(2). This addition to tax must be based upon a tax liability shown on a return--a return either filed by the taxpayer or filed by the Secretary pursuant to section 6020(b). Sec. 6651(a)(2), (g)(2). There is nothing in the record to indicate that the Secretary prepared such a return,2 and the addition to tax cannot be based on petitioner’s filed return because the return reflects a zero tax liability. The addition to tax under section 6651(a)(1) generally is equal to 5 percent of the amount of tax required to be shown on the return for each month or portion thereof for which the delinquency in filing continues, up to a maximum of 25 percent. The amount of the addition to tax under section 6651(a)(1) generally is reduced by the amount of the addition to tax under section 6651(a)(2) with respect to each month in which both are otherwise applicable. Sec. 6651(c)(1). Because petitioner filed his return over 3 years late, he is liable for the section 6651(a)(1) addition to tax in the maximum amount of 25 percent, or $842.75. This amount is greater than the amount determined by respondent because, due to our holding that petitioner is not 2A notice of deficiency may be issued without a return having been filed pursuant to sec. 6020(b). Secs. 6211(a), 6212(a); Roat v. Commissioner, 847 F.2d 1379 (9th Cir. 1988), affg. on this issue an Order of this Court.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011