-31- 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). Section 6656 imposes an addition to tax equal to 10 percent of the portion of an underpayment in tax that is required to be deposited if the failure to deposit is more than 15 days. As is true with respect to an addition to tax under section 6651(a), a taxpayer may avoid an addition to tax under section 6656 if the taxpayer’s failure to deposit a tax was due to reasonable cause and not willful neglect. Van Camp & Bennion v. United States, 251 F.3d 862 (9th Cir. 2001); Ellwest Stereo Theatres, Inc. v. Commissioner, T.C. Memo. 1995-610. Respondent conceded at trial that section 7491(c) applies to place on him the burden of production as to the additions to tax.11 In order to meet this burden, respondent must present sufficient evidence to persuade the Court that it is appropriate to impose the additions to tax. Higbee v. Commissioner, 116 T.C. 438, 446 (2001). If respondent does so, petitioner, in order to prevail, must present sufficient evidence to persuade the Court 11 In that we have found that the examination of most of the years commenced before the effective date of sec. 7491(c), we have difficulty understanding respondent’s blanket concession. All the same, we decide the issue as to penalties giving full regard to this concession.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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