James P. Ellis - Page 12

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          Boyle, 469 U.S. 241, 246 (1985).  "Willful neglect" is defined as           
          a "conscious, intentional failure or reckless indifference."  Id.           
          at 245.                                                                     
               Petitioner agrees that he did not timely submit his Federal            
          income tax returns for 1998, 1999, or 2000.  Respondent has met             
          his burden of production regarding petitioner's liability for the           
          additions to tax.  Petitioner did not provide any evidence that             
          would demonstrate that he had reasonable cause or lacked willful            
          neglect in failing to timely file his returns.  Respondent's                
          determination as to the section 6651(a)(1) additions to tax is              
          sustained.                                                                  
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                                       Decision will be               
                                                  entered under Rule 155.             



















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