- 11 - “conscious, intentional failure or reckless indifference.” United States v. Boyle, 469 U.S. 241, 245 (1985). Respondent bears the burden of production with respect to this addition to tax. Sec. 7491(c). In order to meet this burden, respondent must produce sufficient evidence that it is appropriate to impose this addition to tax. Once respondent has done so, the burden of proof as to reasonable cause or other mitigating factors is upon petitioner. Higbee v. Commissioner, 116 T.C. 438, 446-447, 449 (2001). Respondent has satisfied his burden of production with respect to the addition to tax in that the record establishes that petitioner filed his 1997 tax return after its due date. Petitioner must establish reasonable cause in order to prevail. Id. Petitioner filed the subject tax return approximately 4 years after its due date, and petitioner has not presented any evidence establishing that the failure to file that return timely was due to reasonable cause and not due to willful neglect. We sustain respondent’s determination as to the addition to tax. All arguments made by the parties and not discussed herein have been rejected as without merit. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011