Mitchell Wayne Andrew and Nancy Rae Patten - Page 8

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          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.                                                         






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