- 18 - 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-Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011