- 7 - those benefits are includable in their 2000 income. See sec. 86(a), (c). Respondent’s determination in this regard is, therefore, sustained. Section 6651(a)(1) imposes an addition to tax for failure to file a Federal income tax return by its due date, determined with regard to any extension of time for filing previously granted. The addition equals 5 percent for each month that the return is late, not to exceed 25 percent. Sec. 6651(a)(1). The addition to tax is applicable unless the taxpayer establishes that the failure was due to reasonable cause and not willful neglect. Id. The taxpayer must prove both reasonable cause and a lack of willful neglect. United States v. Boyle, 469 U.S. 241, 246 (1985). “Reasonable cause” requires the taxpayer to demonstrate that he exercised ordinary business care and prudence. Id. “Willful neglect” is defined as a “conscious, intentional failure or reckless indifference.” Id. at 245. Respondent bears the burden of production with respect to any additions to tax. See sec. 7491(c). In order to meet this burden, respondent must produce sufficient evidence establishing that it is appropriate to impose the additions to tax. See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). Once respondent has done so, the burden of proof is upon petitioners to persuade the Court that respondent’s determination is incorrect. See id.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011