- 47 - 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).Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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