- 10 - Petitioner bears the burden of proving his basis in the securities. See Rule 142(a). Petitioner has failed to prove that the securities, other than the Honeywell shares, were acquired from his grandmother on or about May 28, 1993, or that the Honeywell shares were received from his mother by gift. Since petitioner has failed to prove that the securities have any basis in excess of zero, we sustain respondent’s adjustment including in full the proceeds from the sale of the securities in petitioner’s gross income. IV. Additions to Tax A. Respondent's Section 6651(a)(1) Determination Section 6651(a)(1) provides for an addition to tax in the event a taxpayer fails to file a timely return (determined with regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The amount of the addition is equal to 5 percent of the amount required to be shown as tax on the delinquent return for each month or fraction thereof during which the return remains delinquent, up to a maximum addition of 25 percent for returns more than 4 months delinquent. Reasonable cause contemplates that the taxpayer exercised ordinary business care and prudence and was nonetheless unable to file a return within the prescribed time. United States v. Boyle, 469 U.S. 241, 246 (1985); sec. 301.6651-1(c)(1), Proced. & Admin. Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011