- 5 - Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984). Respondent is sustained on this issue.3 Respondent determined an addition to tax as a result of petitioner’s failure to timely file his tax returns for the tax year 1996. Section 6651(a)(1) imposes an addition to tax for failure to timely file a tax return. The addition to tax is equal to 5 percent of the amount of the tax required to be shown on the return if the failure to file is not for more than 1 month. Sec. 6651(a)(1). An additional 5 percent is imposed for each month or fraction thereof in which the failure to file continues, to a maximum of 25 percent of the tax. Id. The addition is applicable unless petitioner establishes that his failure to timely file the return was due to reasonable cause and not willful neglect. Id. If petitioner exercised ordinary business care and prudence and was nonetheless unable to file his return within the date prescribed by law, then reasonable cause exists. Sec. 301.6651-1(c)(1), Proced. & Admin. Regs. “Willful neglect” means a “conscious, intentional failure 3 Because petitioner failed to introduce any credible evidence, he failed to meet the requirements of sec. 7491(a), as amended, so as to place the burden of proof on respondent with respect to any factual issue relevant to ascertaining liability for the tax deficiency in issue. As to the additions to tax under secs. 6651 and 6654, we find that respondent has satisfied his burden of production under sec. 7491(c) because the record shows that petitioner’s return was never filed and petitioner underpaid the estimated tax due. Higbee v. Commissioner, 116 T.C. 438, 442 (2001).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011