Estate of Antoinette Hartsell, Deceased, Donald C. Renbarger, Personal Representative - Page 6

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          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.                         





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