- 10 - (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 taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011