Fortunato J. Mendes - Page 22

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          25-percent addition to tax under section 6651(a).                           
               B.  Respondent’s Section 6653(a)(1) Determination                      
               Section 6653(a)(1) imposes an addition to tax equal to 5               
          percent of the entire underpayment if any portion of such                   
          underpayment is due to negligence or intentional disregard of               
          rules or regulations (without distinction, negligence).  An                 
          underpayment, for purposes of section 6653(a), is the amount by             
          which the tax liability exceeds the tax shown on a timely filed             
          return.  Secs. 6653(c)(1), 6211(a).  Inasmuch as the 1988 return            
          was not timely filed, the amount shown on a timely filed return             
          is zero, and the underpayment equals the entire tax liability.              
          Emmons v. Commissioner, 92 T.C. 342, 348-349 (1989), affd. on               
          another issue 898 F.2d 50 (5th Cir. 1990).  When an underpayment            
          is caused by the taxpayer’s failure to timely file an income tax            
          return, the underpayment is due to negligence if the taxpayer               
          lacks reasonable cause for the failure.  See id. at 349-350.                
          Because we find that petitioner lacked reasonable cause for his             
          failure to timely file the 1988 return, it follows, and we find,            
          that his underpayment was due to negligence.  Id.                           
               Moreover, we reach the same result even if we view the issue           
          to be whether petitioner had a reasonable basis for the                     
          underpayment itself.  Section 6653(g) provides that any portion             
          of an underpayment that is attributable to a taxpayer’s failure             
          to report income shown on an information return shall be treated            






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