Donna J. Collins - Page 12




                                       - 12 -                                         
          timely file a Federal income tax return unless the failure was              
          due to reasonable cause and not willful neglect.  Sec.                      
          6651(a)(1).                                                                 
               As stated above, the record is not clear whether section               
          7491 applies here.  In court proceedings arising in connection              
          with examinations beginning after July 22, 1998, section 7491(c)            
          places on the Commissioner the burden of producing sufficient               
          evidence that it is appropriate to impose the addition to tax               
          under section 6651(a)(1).  If section 7491(c) applies, respondent           
          has met the burden of production relating to petitioners’                   
          liability for the addition to tax for failure to timely file                
          their 1994 return because respondent has shown that petitioners             
          filed their 1994 return on September 3, 1996.  Thus, petitioners            
          bear the burden of proving that the failure is due to reasonable            
          cause and not willful neglect.  See United States v. Boyle, 469             
          U.S. 241, 245 (1985).                                                       
               Petitioners did not address this issue at trial or on brief,           
          and we deem petitioners to have conceded that they are liable for           
          the addition to tax for failure to timely file their 1994 income            
          tax return.  We may deem a taxpayer to have conceded an issue               
          that was raised in the petition if he or she made no argument at            
          trial or on brief relating to that issue.  See Levin v.                     
          Commissioner, 87 T.C. 698, 722-723 (1986), affd. 832 F.2d 403               
          (7th Cir. 1987); Zimmerman v. Commissioner, 67 T.C. 94, 104 n.7             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011