Stephen P. Arnold - Page 10

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          shown that this failure is due to reasonable cause and not due to           
          willful neglect.  Reasonable cause may exist if a taxpayer                  
          exercised ordinary business care and prudence and was nonetheless           
          unable to file the return within the date prescribed by law.                
          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).           
               Respondent bears the burden of production with respect to              
          this addition to tax.  Sec. 7491(c).  In order to meet this                 
          burden of production, respondent must produce sufficient evidence           
          establishing that it is appropriate to impose this addition to              
          tax.  Once respondent has done so, the burden of proof is upon              
          petitioner, Higbee v. Commissioner, 116 T.C. 438, 449 (2001),               
          except for the increased portion of the addition to tax asserted            
          by respondent in the answer.  Respondent bears the burden of                
          proof as to that portion of the addition to tax.  Rule 142(a)(1).           
          Petitioner’s burden of proof requires that he prove that his                
          failure to file a timely 1998 tax return was due to reasonable              
          cause and was not due to willful neglect.  Sec. 6651(a)(1);                 
          United States v. Boyle, supra at 245.  Respondent’s burden of               
          proof requires that he prove the contrary; i.e., that                       
          petitioner’s failure to file timely was not due to reasonable               
          cause or was due to willful neglect.  Sec. 6651(a)(1); United               
          States v. Boyle, supra at 245; Bruner Woolen Co. v. Commissioner,           






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