William M. Hawkins and Laura C. Hawkins - Page 12

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          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 to            





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