- 22 - month, with an additional 5 percent for each additional month or fraction thereof during which such failure continues, not exceeding 25 percent in the aggregate. Sec. 6651(a)(1). The section 6651(a)(1) addition to tax is reduced by the amount of the section 6651(a)(2) addition for any month (or fraction thereof) to which an addition to tax under section 6651(a)(1) and (2) applies. Sec. 6651(c)(1). In order to avoid the section 6651(a)(1) addition to tax, petitioners must show both reasonable cause and a lack of willful neglect. Sec. 6651(a(1); United States v. Boyle, 469 U.S. 241 (1985). Their failure to file is due to reasonable cause if petitioners exercised ordinary business care and prudence and were, nevertheless, unable to file their return within the time prescribed by law. United States v. Boyle, supra at 246; sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Respondent assessed the section 6651(a)(1) addition to tax for the period November 17 through December 21, 1998. Petitioners make several arguments that they had reasonable cause for late filing of their 1997 return. We reject them all. First, petitioners argue casualties to their home and office, including power outages and flooded roads, adversely affected their ability to file. A taxpayer’s selective inability to perform his or her tax obligations, while performing his regular business and personal activities, does not excuse failurePage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011