- 11 - tax for failure to file. The Court has received into evidence copies of petitioner’s tax returns for 1996 and 1997 stamped as received by the Internal Revenue Service Center in Kansas City, Missouri, on May 28, 1999, approximately 2 years and 1 year delinquent, respectively. Respondent has sustained his burden of production to show that the section 6651(a)(1) addition to tax is appropriate. See Higbee v. Commissioner, 116 T.C. 438, 447 (2001). If petitioner establishes that the failure to file timely returns was due to reasonable cause and not due to willful neglect, he can avoid the addition to tax. Sec. 6651(a)(1). Petitioner offered no evidence showing that his failure to file was due to reasonable cause and not due to willful neglect. Accordingly, we hold that petitioner is liable for the additions to tax under section 6651(a). IV. Penalties A. Section 6662 Respondent determined that petitioner is liable for accuracy-related penalties under section 6662(a) and (b)(1) for 1996, 1997, and 2000. Section 6662(a) imposes a penalty in the amount of 20 percent on the portion of the underpayment to which the section applies. As relevant to these cases, the penalty applies to any portion of the underpayment that is attributable to negligence or disregard of rules or regulations. Sec.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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