- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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