- 11 - Willful neglect means a conscious, intentional failure or reckless indifference. Boyle, supra at 245. Petitioner failed to file a tax return for 2000 and, thus, is liable for the addition to tax imposed by section 6651(a)(1) unless the failure was due to reasonable cause and not due to willful neglect. Petitioner had sufficient gross income for 2000 so that he was required to file a return.2 He had filed tax returns from 1971 to 1995, when he stopped because, as his wife testified, they had done research and “realized that there had been a lot of unconstitutional things happening in the tax laws and we decided that we weren’t going to be robbed anymore.” As the cases we cited above show, petitioner’s reasons for not filing are spurious. Petitioner’s failure in his duty to file a tax return for 2000 was both conscious and intentional. A person with gross income equal to petitioner’s gross income for 2000, exercising ordinary business care and prudence, would have filed a tax return for 2000. Petitioner consciously and intentionally failed to file a tax return for 2000. Petitioner was willfully neglectful in failing to do so, and we so find. We sustain an addition to tax under section 6651(a)(1) in the amount of $21,003. 2 See supra note 1.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011