- 27 - Section 6651(a) authorizes the Commissioner to impose an addition to tax whenever a taxpayer fails to file a required return when due (determined with regard to any extension of the filing deadline) unless the taxpayer shows that such failure was due to reasonable cause and was not due to willful neglect. In this case, the parties agree that Vortex did not file its income tax return for its FYE 1993 by the extended filing deadline. Consequently, in order to avoid liability for the section 6651(a) addition to tax, Vortex must show that its failure to timely file was due to reasonable cause and not due to willful neglect. AJF Transp. Consultants, Inc., v. Commissioner, T.C. Memo. 1999-16, affd. 85 AFTR 2d 1909, 2000-1 USTC par. 50473 (2d Cir. 2000). The term “reasonable cause” is defined as the exercise of ordinary business care and prudence. Sec. 301.6651- 1(c)(1), Proced. & Admin. Regs. The term “willful neglect” is defined as a “conscious, intentional failure or reckless indifference.” United States v. Boyle, 469 U.S. 241, 246 (1985). At trial, Mrs. Zhadanov recited the difficulties she faced in dealing with the Zhadanovs’ and Vortex’s legal and tax issues while her husband was in jail. She testified that she hired tax lawyers who did nothing but “calculate numbers, numbers, numbers,” then withdrew their representation. She testified about the money problems she and her husband encountered as a result of the forfeiture and the efforts that she and otherPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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