Simone Joye - Page 18




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          file timely a tax return.  Section 6651(a)(2) imposes an addition           
          to tax for failure to pay timely the amount shown as tax in any             
          return.  The additions to tax under section 6651(a)(1) and (2) do           
          not apply if the failure to file timely and to pay timely is due            
          to reasonable cause and not to willful neglect.  Sec. 6651(a)(1)            
          and (2).  Petitioner bears the burden of proving that any such              
          failures are due to reasonable cause and not to such willful                
          neglect.  See Higbee v. Commissioner, supra at 447.                         
               Petitioner does not dispute that she did not file timely her           
          return for each of her taxable years 1987, 1988, and 1989 and               
          that she did not pay timely the tax shown in each such return.              
          As we understand petitioner’s position, she contends that her               
          failure to file timely her return for each of her taxable years             
          1987, 1988, and 1989 and to pay timely the tax shown in each such           
          return was due to her erroneous belief based on Form W-4 for 1987           
          that, because she was a full-time student, she was exempt from              
          withholding of tax from her wages (withholding) during each of              
          those years.  Petitioner points to no authority that shows that             
          she was not required to file a return for each of her taxable               
          years 1987, 1988, or 1989 and that she was not required to pay              
          the tax shown in each such return.  Nothing in Form W-4 for 1987,           
          the instructions for that form, or the law in effect for that               
          year indicates that a full-time student was exempt from withhold-           








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