Paul D. and Gudrun G. Weaver - Page 30

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               As previously indicated, section 7491(c) places the burden             
          of production on the Commissioner.  Here, respondent’s burden is            
          satisfied by the stipulation of the parties that petitioners’               
          1998 return was filed on January 7, 2000.  This date is well over           
          the 5 months necessary to impose the maximum penalty.  Since                
          petitioners have offered no explanation for the untimeliness,               
          either at trial or on brief, they have failed to establish any              
          reasonable cause.  We therefore hold that petitioners are liable            
          for the section 6651(a)(1) delinquency addition to tax at the 25            
          percent rate.                                                               
               To reflect the foregoing and concessions made,                         

                                                  Decision will be entered            
                                             for respondent.                          























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