Harald Berrey - Page 11

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               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              
          (2).  The combined amounts under paragraph (1) and paragraph (2)            
          cannot exceed 5 percent per month.  Sec 6651(c)(1).                         
               The additions to tax under section 6651(a)(1) and (2) are              
          applicable unless the taxpayer establishes:  (1) The failure to             
          file and/or pay did not result from “willful neglect”; and (2)              
          the failure to file and/or pay was “due to reasonable cause”.               
          United States v. Boyle, 469 U.S. 241, 245 (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 or pay           






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