- 13 - deductible trade or business expenses during 1995. Therefore, under the Court's discretionary authority pursuant to Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930), the Court allows petitioner a deduction of $300 as a trade or business expense on Schedule C for the year at issue.5 The final issue is whether petitioner is liable for the addition to tax under section 6651(a)(1) for failure to file a timely return for the year 1995. Section 6651(a)(1) provides for an addition to tax if a tax return is not filed timely, unless the taxpayer establishes that the failure to file did not result from willful neglect and that the failure to file was due to reasonable cause. Willful neglect has been construed to mean a conscious, intentional failure or reckless indifference. United States v. Boyle, 469 U.S. 241, 245-246 (1985). Reasonable cause generally requires a taxpayer to demonstrate that he or she exercised ordinary business care or prudence. Sec. 301.6651- 1(c)(1), Proced. & Admin. Regs. It is undisputed that petitioner’s original 1995 tax return was not filed until January 21, 1997. The due date for filing that return was April 15, 1996. Petitioner did not present satisfactory evidence of 5 Due to the Court’s conclusion that petitioner is properly a Schedule C filer with respect to his law practice, he is liable for additional self-employment tax. Respondent is sustained on this issue, and the adjustment will be reflected in the Rule 155 computation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011