John Parks Trowbridge - Page 18

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               Respondent has moved for partial summary judgments, but,               
          since there was a trial in these cases, at which respondent                 
          presented evidence pertaining to the remaining additions to tax,            
          we need not determine whether the summary judgment motions                  
          satisfy the standards for summary adjudication.  We shall,                  
          therefore, deny the summary judgment motions (although we largely           
          sustain respondent’s substantive positions therein, as discussed            
               C.  Substantive Provisions                                             
                    1.  Section 6651(a)(1)                                            
               Section 6651(a)(1) provides for an addition to tax in the              
          event a taxpayer fails to file a timely return (determined                  
          with regard to any extension of time for filing), unless it is              
          shown that such failure is due to reasonable cause and not due              
          to willful neglect.  The amount of the addition is equal to                 
          5 percent of the amount required to be shown as tax on such                 
          return for each month or fraction thereof during which such                 
          failure continues, up to a maximum addition of 25 percent for               
          returns more than 4 months delinquent.  For these purposes, the             
          amount required to be shown as tax on the return is reduced by              
          any timely payments of the tax6 and any credits which may be                
          claimed on the return.  Sec. 6651(b)(1).                                    

               6  In general, payment of income tax is due on the due date            
          of the corresponding return, determined without regard to any               
          filing extensions.  Sec. 6151(a).                                           

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