William and Shirley Pratt - Page 17




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          petitioners’ failure to timely file their Federal income tax                
          returns for the years at issue.                                             
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file timely a tax return.  The addition to tax does not apply if            
          the failure to file is due to reasonable cause and not to willful           
          neglect.  Id.  If a taxpayer exercised ordinary business care and           
          prudence and was nonetheless unable to file the 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 or reckless indifference.”                
          United States v. Boyle, 469 U.S. 241, 245 (1985).                           
               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 to tax is imposed on the net amount due.  Sec.            
          6651(b).                                                                    
               Petitioners’ tax return for 1993 was due April 15, 1994.  The          
          return was prepared, and dated April 1, 1994, by Accufast.                  
          However, petitioners did not sign the return until September 12,            
          1995, more than a year after the return was prepared.  Further,             
          they did not file the return until another year later; it was filed         
          on September 16, 1996.                                                      






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