Ronald L. Heidrick - Page 23




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               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.           





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