Johny Desauguste - Page 10

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          2.   Addition to Tax for Failure To Timely File                              
               Under section 7491(c), respondent has the burden of                     
          production in any court proceeding with respect to the liability             
          of any individual for any penalty or addition to tax.  Higbee v.             
          Commissioner, 116 T.C. 438, 446-447 (2001).  In order to meet his            
          burden of production, respondent must come forward with                      
          sufficient evidence indicating that it is appropriate to impose              
          the addition to tax for failure to timely file in this case.  Id.            
          at 446.  Once respondent meets his burden of production, the                 
          taxpayer must come forward with evidence sufficient to persuade a            
          court that respondent's determination is incorrect.  Id. at 447.             
               Respondent contends that petitioner is liable for an                    
          addition to tax pursuant to section 6651(a)(1).  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).  Additions to tax                
          under section 6651(a)(1) are imposed unless the taxpayer                     
          establishes that the failure was due to reasonable cause and not             
          willful neglect.  Id.; Crocker v. Commissioner, 92 T.C. 899, 912             
          (1989).  “Reasonable cause” requires the taxpayer to demonstrate             
          that he exercised ordinary business care and prudence.  United               
          States v. Boyle, 469 U.S. 241, 246 (1985).  “Willful neglect” is             






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