Greg Olson - Page 9

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          116 T.C. 438, 446 (2001).  On the record presented in this case,            
          respondent has carried the requisite burden of production.                  
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a required return on or before the prescribed filing date,             
          unless it is shown that such failure is due to reasonable cause             
          and not due to willful neglect.  “Willful neglect” denotes “a               
          conscious, intentional failure or reckless indifference.”  United           
          States v. Boyle, 469 U.S. 241, 245 (1985).  “Reasonable cause”              
          correlates to “ordinary business care and prudence”.  Id. at 246            
          & n.4; sec. 301.6651-1(c)(1), Proced. & Admin. Regs.                        
               Petitioner here conceded that he did not file a Federal                
          income tax return for 1999 and 2000.  He has offered no                     
          explanation for this failure beyond his frivolous assertions that           
          his income was not subject to tax.  The Court holds that                    
          petitioner is liable for additions to tax under section 6651 for            
          both years in issue.                                                        
               Section 6654 imposes an addition to tax for underpayment of            
          estimated tax, subject to limited exceptions enumerated in                  
          subsection (e).  The record here reflects an underpayment of                
          estimated tax for 2000 and does not reflect that any of the                 
          referenced exceptions is applicable.  Imposition of an addition             
          to tax under section 6654 is sustained with respect to 2000.                

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