Joseph Emilio DiFlora - Page 7

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          and the accuracy-related penalty under section 6662(a).                     
               Section 6651(a)(1) imposes an addition to tax for failure to           
          timely file a tax return, unless failure to do so is due to                 
          reasonable cause and not willful neglect.  The taxpayer must                
          prove both reasonable cause and lack of willful neglect.  Crocker           
          v. Commissioner, 92 T.C. 899, 912 (1989).  “Reasonable cause”               
          requires the taxpayer to demonstrate that he exercised ordinary             
          business care and prudence.  United States v. Boyle, 469 U.S.               
          241, 246 (1985).  Willful neglect is defined as a “conscious,               
          intentional failure or reckless indifference.”  Id. at 245.                 
               Respondent presented the Certificate of Assessments,                   
          Payments, and Other Specified Matters for petitioner’s 2000 tax             
          account, which showed that petitioner’s 2000 tax return was filed           
          on April 28, 2001.  Thus, respondent has satisfied his burden of            
          production with respect to the addition to tax under section                
          6651(a)(1).  Sec. 7491(c).                                                  
               Petitioner presented no evidence that his failure to timely            
          file his 2000 tax return was due to reasonable cause and not                
          willful neglect.  On this record, we conclude that petitioner is            
          liable for the addition to tax under section 6651(a)(1), as                 
          determined by respondent.                                                   
               Section 6662(a) imposes a 20-percent penalty on the portion            
          of any underpayment of tax attributable to negligence or                    
          disregard of rules or regulations.  Sec. 6662(b)(1).  Negligence            






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