John R. Rinn and Donnie J. Rinn - Page 12

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          to examinations that are commenced after July 22, 1998.  Internal           
          Revenue Service Restructuring and Reform Act of 1998, Pub. L.               
          105-206, sec. 3001(c), 112 Stat. 727.  Section 7491(c) applies to           
          petitioners’ 1998 through 2000 tax years, since these tax years             
          ended after July 22, 1998.  In the absence of any evidence                  
          indicating when the examinations of the other tax years                     
          commenced, we shall assume that section 7491(c) applies to all              
          tax years at issue.                                                         
               A.   Section 6651(a)(1) Additions to Tax                               
               Section 6651(a)(1) provides an addition to tax for failure             
          to file a return on or before the specified filing date unless it           
          is shown that this failure is due to reasonable cause and not due           
          to willful neglect.  Pursuant to section 7491(c), respondent must           
          show that the addition to tax is appropriate; however,                      
          petitioners bear the burden of proving that their failure to file           
          was due to reasonable cause and not due to willful neglect.  See            
          Higbee v. Commissioner, 116 T.C. 438 (2001).                                
               Petitioners failed to file Federal income tax returns for              
          their 1995 through 2000 tax years, even though Mr. Rinn’s dental            
          practice produced substantial income.13  In prior years,                    
          petitioners filed Federal income tax returns and included                   


               13 As previously noted, we consider petitioners to have                
          conceded or waived any issue as to whether respondent properly              
          allocated to Mrs. Rinn a share of Mr. Rinn’s dental practice                
          income, as community property income.                                       





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