- 6 - instances, Mr. Renbarger was told that he would have to personally guarantee the loan, which he refused to do. Respondent mailed the estate a notice of deficiency and the estate timely filed a petition for redetermination. OPINION Section 6651(a)(2) provides for an addition to tax5 for failure to pay taxes shown on a return on or before the payment due date. The addition to tax under section 6651(a)(2) does not apply, however, if the failure to pay is due to reasonable cause and not due to willful neglect. United States v. Boyle, 469 U.S. 241, 245 (1985); Jackson v. Commissioner, 864 F.2d 1521, 1527 (10th Cir. 1989), affg. 86 T.C. 492 (1986); Crocker v. Commissioner, 92 T.C. 899, 912 (1989); sec. 301.6651-1(a)(2), Proced. & Admin. Regs. The taxpayer bears the burden of proof as to reasonable cause and willful neglect.6 Charlotte’s Office Boutique, Inc. v. Commissioner, 121 T.C. 89, 110 (2003); Higbee v. Commissioner, 5The addition to tax is one-half percent of the amount shown as tax on a return for each month or fraction thereof during which the failure to pay continues, not exceeding 25 percent in the aggregate. Sec. 6651(a)(2). 6The Commissioner has the burden of production under sec. 7491(c) as to the addition to tax. Sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Sec. 7491(c) only applies, however, to individuals. Even if we assume arguendo that sec. 7491(c) applies to the estate in this case, the estate has conceded that it failed to pay the Federal estate tax timely, and so respondent has met his burden of production.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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