- 6 - failure to file is due to reasonable cause if the taxpayer exercised ordinary business care and prudence and, nevertheless, was unable to file the return within the prescribed time. Crocker v. Commissioner, 92 T.C. 899, 913 (1989); sec. 301.6651- 1(c)(1), Proced. & Admin. Regs. Willful neglect means a conscious, intentional failure to file or reckless indifference to the obligation to file. United States v. Boyle, supra. Petitioner has stipulated that he did not file a Federal income tax return for the year in issue. Thus respondent has satisfied his burden of production with respect to the addition to tax for failure to file a timely return. Higbee v. Commissioner, supra; Burr v. Commissioner, T.C. Memo. 2002-69. Petitioner has failed to show that his failure to file was due to reasonable cause and not due to willful neglect. Accordingly, we sustain respondent’s determination on this issue. Section 6654 imposes an addition to tax in the case of any underpayment of estimated tax by an individual.3 The addition to tax under section 6654(a) is mandatory in the absence of statutory exceptions. Sec. 6654(a), (e); Recklitis v. Commissioner, 91 T.C. 874, 913 (1988); Grosshandler v. Commissioner, 75 T.C. 1, 20-21 (1980). With limited exceptions that are inapplicable here, section 6654 “has no provision 3We have jurisdiction over the sec. 6654(a) addition to tax in this case because an income tax return was not filed for the year at issue. See sec. 6665(b)(2); Meyer v. Commissioner, 97 T.C. 555, 562 (1991); Heisey v. Commissioner, T.C. Memo. 2002-41.Page: Previous 1 2 3 4 5 6 7 8 Next
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