- 11 - Boyle, 469 U.S. 241, 245 (1985) (defining “willful neglect” as the conscious, intentional failure or reckless indifference on the part of the taxpayer to file a return, and “reasonable cause” as the inability to file a return within the prescribed period of time, despite having exercised ordinary business care and prudence). Petitioners failed to file a timely Federal income tax return for each year. The record is nearly devoid of evidence pertaining to this issue. When prompted by this Court to explain the untimely filing of their returns, petitioner responded as follows: I’ll tell you exactly. Your Honor, I found that I was paying more taxes than I was required to pay. And I, negligence on my side, I began to ask for an extension because I felt like this. You don’t have to pay penalty, you don’t have to pay no late charge, as long as you have money coming back. And you do it within three years. There is no evidence that petitioners exercised reasonable business care and prudence, and the above quote suggests that the untimely filing of petitioners’ returns was due to petitioner’s willful neglect. Petitioners have failed to carry their burden of proof and respondent is sustained on this issue. Section 6662 Penalty Under section 6662, a penalty is imposed on that portion of an underpayment of the tax required to be shown on a return if the underpayment is due to negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). Negligence is defined toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011