- 10 - of no use to petitioner after May 31, 1995, and was abandoned by it in 1997. In fact, by petitioner’s count, almost all of its vehicles were not used by it after that date and were abandoned in 1997. Given that petitioner makes no claim that it abandoned any vehicle purchased after May 31, 1995, that the record does not persuade us that petitioner in fact purchased any vehicles after that date, and that approximately 40 percent of petitioner’s work on the contract remained to be performed after May 31, 1997, we decline to accept petitioner’s implication that it finished its work on the contract with virtually no vehicles. We sustain respondent’s determination as to the deficiency.4 3. Addition to Tax Section 6651(a)(1) imposes an addition to tax for failing to file a return on or before the due date unless it is shown that this failure is due to reasonable cause and not due to willful neglect. Reasonable cause may exist if a taxpayer exercised ordinary business care and prudence and was nonetheless unable to file the return within the date prescribed by law. Sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Willful neglect means a 4 In so doing, we also note that Laxton testified that he ascertained in the fall of 1997 the equipment that would be left in California. This being so, petitioner’s claimed loss on the abandonment of that equipment was not deductible by it for the subject year. CRST, Inc. v. Commissioner, 92 T.C. 1249 (1989) (taxpayer that alleged an intent to abandon asset in a year was precluded from deducting an abandonment loss for that year because it did not show that it actually abandoned the asset in that year), affd. 909 F.2d 1146 (8th Cir. 1990).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011