Charlotte's Office Boutique, Inc. - Page 31

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          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.                                                  




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