- 7 - 116 T.C. 438, 446 (2001); Estate of Newton v. Commissioner, T.C. Memo. 1990-208. The taxpayer bears a “heavy burden” of proving both that the failure was due to reasonable cause and not willful neglect. United States v. Boyle, supra at 245. Failure to pay timely is due to “reasonable cause” if the taxpayer exercised ordinary business care and prudence and was nevertheless unable or would suffer an undue hardship to pay the tax by the due date. Id. at 246; Bank of the West v. Commissioner, 93 T.C. 462, 471 (1989); Estate of Paxton v. Commissioner, 86 T.C. 785, 819 (1986); sec. 301.6651-1(c), Proced. & Admin. Regs. The reasonable cause standard is a one-time test to be passed or failed at the payment due date. See Indus. Indem. v. Snyder, 41 Bankr. 882, 883 (E.D. Wash. 1984); see also Photographic Assistance Corp. v. United States, 82 AFTR 2d 98- 6804, 98-2 USTC par. 50,820 (N.D. Ga. 1998) (failure to offer any explanation for a failure to pay when due prevents any finding of reasonable cause). Events occurring after the due date are still relevant, however, to the reasonable cause determination. See Estate of Sowell v. United States, 198 F.3d 169 (5th Cir. 1999) (distinguishes Indus. Indem., stating that, although later justifications could not stop penalties from accruing, they were not irrelevant).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011