Bryant Keith Adams - Page 11

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          (2).  The combined amounts under paragraphs (1) and (2) cannot              
          exceed 5 percent per month.  Sec 6651(c)(1).                                
               The additions to tax under section 6651(a)(1) are applicable           
          unless the taxpayer establishes:  (1) The failure to file did not           
          result from “willful neglect”; and (2) the failure to file was              
          “due to reasonable cause”.  United States v. Boyle, 469 U.S. 241,           
          245-246 (1985); Heman v. Commissioner, 32 T.C. 479, 489-490                 
          (1959), affd. 283 F.2d 227 (8th Cir. 1960).  If petitioner                  
          exercised ordinary business care and prudence and was nonetheless           
          unable to file his return within the date prescribed by law, then           
          reasonable cause exists.  See sec. 301.6651-1(c)(1), Proced. &              
          Admin. Regs.  “Willful neglect” means a “conscious, intentional             
          failure or reckless indifference.”  United States v. Boyle, supra           
          at 245.                                                                     
               Petitioner filed what he claimed to be a valid return and              
          amended return for taxable year 2001.  However, these purported             
          returns contain zeros on the relevant lines for computing                   
          petitioner’s tax liability.  Respondent did not accept these                
          returns and treated the documents that petitioner filed as                  
          frivolous returns.                                                          
               To determine whether a taxpayer has filed a valid return, we           
          follow the test set forth in Beard v. Commissioner, 82 T.C. 766,            
          777 (1984), affd. 793 F.2d 139 (6th Cir. 1986), to the effect               
          that a document constitutes a “return” for Federal income tax               






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Last modified: May 25, 2011