Bryant Keith Adams - Page 10

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          Memo. 1983-684.  Thus, we sustain respondent’s determination that           
          petitioner’s wages constitute gross income under section 61(a).             
          2.  Additions to Tax                                                        
               a.  Section 6651                                                       
               Respondent determined that petitioner is liable for                    
          additions to tax for:  (1) Failure to file a timely return for              
          taxable year 2001 pursuant to section 6651(a)(1); and (2) failure           
          to file a timely return for taxable year 2002 pursuant to section           
          6651(a)(1).                                                                 
               Section 6651(a)(1) imposes an addition to tax for failure to           
          timely file a tax return.  The addition to tax is equal to 5                
          percent of the amount of the tax required to be shown on the                
          return if the failure to file is not for more than 1 month.  See            
          sec. 6651(a)(1).  An additional 5 percent is imposed for each               
          month or fraction thereof in which the failure to file continues,           
          to a maximum of 25 percent of the tax.  See id.  Section                    
          6651(a)(2) provides for an addition to tax of 0.5 percent per               
          month, up to 25 percent, for failure to pay the amount shown or             
          required to be shown on a return.  A taxpayer may be subject to             
          both paragraphs (1) and (2), in which case the amount of the                
          addition to tax under section 6651(a)(1) is reduced by the amount           
          of the addition to tax under section 6651(a)(2) for any month to            
          which an addition to tax applies under both paragraphs (1) and              







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