Larry T. Cooper - Page 15

                                       - 14 -                                         
               Petitioner’s 2001 return was due on April 15, 2002.  He                
          stipulated that the 2001 return was faxed to respondent January             
          7, 2005, after the notice of deficiency was issued.  At trial,              
          Mrs. Cooper blamed their accountant for not preparing their                 
          return timely.  However, it appears from the record that                    
          petitioner did not timely provide the accountant with the                   
          relevant information with which he could prepare the return.                
               Under section 6651(g)(2), a return the IRS prepared under              
          section 6020(b) is treated as “the return filed by the taxpayer             
          for purposes of determining the amount of the addition” under               
          section 6651(a)(2).  See Spurlock v. Commissioner, T.C. Memo.               
          2003-124.  Respondent prepared an SFR for 2001 that meets the               
          requirements of section 6020(b).                                            
               Respondent has satisfied his burden of producing evidence to           
          show the additions to tax are appropriate.  Petitioner has failed           
          to show that he had reasonable cause for failing to timely file             
          the 2001 return or for failing to pay the tax.  Respondent’s                
          determination as to the section 6651(a)(1) and (2) additions to             
          tax is sustained.                                                           














Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011