Lee G. Gale - Page 47




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          142(a)(1), we hold that deposits of $57,339 are includable in               
          petitioner’s gross income for 1994 as taxable rents.                        
          Late-Filing Additions to Tax                                                
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a return by the required filing date, including extensions.            
          The addition is 5 percent of the amount required to be shown as             
          tax on the delinquent return for each month the return is late              
          (not to exceed 25 percent).  Id.  The taxpayer is excused from              
          the late-filing addition if he shows that the late filing was due           
          to reasonable cause and not due to willful neglect, id.; however,           
          the taxpayer bears the burden of proof on this issue, Rule                  
          142(a)(1); BJR Corp. v. Commissioner, 67 T.C. 111, 131 (1976).              
               In the cases at hand, petitioner filed his 1992 and 1993               
          individual tax returns after the extended due date.  At trial,              
          petitioner explained why he had requested the extension but not             
          why he filed after the extended date.  Because petitioner has not           
          met his burden of proving reasonable cause for the late filings,            
          he is liable for the section 6651(a)(1) addition to tax.  See               
          Rule 142(a)(1).                                                             
          Accuracy-Related Penalties                                                  
               Section 6662 imposes a 20-percent penalty on any portion of            
          an underpayment of tax that is attributable to, among other                 
          things, negligence or disregard of rules or regulations.  Sec.              
          6662(a) and (b).                                                            






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