- 12 - household. Under section 2(b)(1)(A)(i), an individual such as petitioner will qualify for head of household status if he maintains as his home a household that is the principal place of abode of a son or daughter for more than one-half of the taxable year. The record establishes that petitioner did not reside with Keauna during the subject years and does not establish that Zik resided with him either. 6. Addition to Tax/Accuracy-Related Penalties Section 6651(a)(1) imposes an addition to tax for failing to file a return on or before the specified filing 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 “conscious, intentional failure or reckless indifference.” United States v. Boyle, 469 U.S. 241, 245 (1985). Section 6662(a) imposes a penalty of 20 percent on the portion of an underpayment of tax attributable to, among other things, a substantial understatement of tax. Sec. 6662(b)(1) and (2). A substantial understatement of tax is one that exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6662(d)(1)(A). An accuracy-related penalty does not apply to any portion of an understatement as toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011