- 12 - tax involves a question of fact. United States v. Boyle, 469 U.S. 241, 249 n.8 (1985). A pending criminal investigation does not constitute reasonable cause for failing to file a tax return when due. Cooper v. United States, 834 F. Supp. 669, 673 (D. N.J. 1993), affd. 9 F.3d 1539 (3d Cir. 1993). Under section 7491(c), respondent has the burden of production with respect to the section 6651(a)(1) addition to tax. Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). To meet his burden of production, respondent must come forward with sufficient evidence indicating that it is appropriate to impose the addition to tax. Id. Once respondent meets that burden of production, however, the taxpayer continues to have the burden of proof with regard to whether respondent’s determination of the penalty is correct. Rule 142(a); Higbee v. Commissioner, supra. Respondent has satisfied his burden of production by establishing that petitioner was required to file a tax return for 2001 and that petitioner did not file that return until June of 2004. Petitioner, at trial acknowledged that he knew that he was required to file his 2001 Federal income tax return despite his involvement in a criminal tax investigation. Petitioner is liable for the section 6651(a)(1) addition to tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011