- 22 - The third issue is whether petitioner is liable for the addition to tax under section 6651(a)(1) for failure to file a timely return for 1995. Section 6651(a)(1) provides for an addition to tax if a tax return is not filed timely, unless the taxpayer establishes that the failure to file did not result from willful neglect and that the failure to file was due to reasonable cause. Willful neglect has been construed to mean a conscious, intentional failure, or reckless indifference. United States v. Boyle, 469 U.S. 241, 245-246 (1985). Reasonable cause generally requires a taxpayer to demonstrate that he or she exercised ordinary business care or prudence. Sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Petitioner’s 1995 tax return was signed on April 14, 1997, and received by respondent on April 17, 1997. That return was thus filed more than 1 year after its due date of April 15, 1996. Petitioner presented no evidence of reasonable cause or the lack of willful neglect for the late filing of his 1995 return. Respondent is sustained on this issue. The final issue is whether petitioner is liable for accuracy-related penalties for the years 1994, 1995, and 1996. Section 6662(a) provides for an accuracy-related penalty equal to 20 percent of any portion of an underpayment of tax required to be shown on the return that is attributable to the taxpayer’s negligence or disregard of rules or regulations. Sec.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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