Nasser and Shahpar Golshani - Page 11

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          any evidence, that the 1999 return was received or mailed before            
          the due date, as extended.                                                  
               Section 6651(a)(1) imposes an addition to tax of 5 percent             
          per month of the amount of tax required to be shown on the                  
          return, not to exceed 25 percent, for failure to timely file a              
          return.  The addition to tax under section 6651(a)(1) is imposed            
          unless the taxpayer establishes that the failure was due to                 
          reasonable cause and not willful neglect.                                   
               The record is clear that the return was not timely filed and           
          there is no evidence that would establish that the failure to               
          timely file was due to reasonable cause and not willful neglect.            
          Respondent is sustained on this issue.                                      
          Accuracy-Related Penalty Under Section 6662(a)                              
               The Commissioner also has the “burden of production in any             
          court proceeding with respect to the liability of any individual            
          for any penalty” under section 6662(a).  Sec. 7491(c); Higbee v.            
          Commissioner, supra at 446-447.  Once the Commissioner meets his            
          burden of production, the taxpayer has the responsibility to come           
          forward with evidence sufficient to persuade the Court that the             
          Commissioner’s determination is incorrect.  Higbee v.                       
          Commissioner, supra at 447.                                                 
               Section 6662(a) provides that a taxpayer may be liable for a           
          penalty of 20 percent of the portion of an underpayment of tax              








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