- 6 - 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). NegligencePage: Previous 1 2 3 4 5 6 7 8 9 Next
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