- 8 - 1999. Indeed, petitioner testified at trial that he allegedly mailed his return to respondent on September 3, 1999, after the due date as extended. Accordingly, respondent met his burden of production for the section 6651(a)(1) addition to tax. Petitioner did not present any persuasive evidence that his failure to timely file a return was due to reasonable cause and not due to willful neglect. See Higbee v. Commissioner, supra at 446-447. Accordingly, petitioner is liable for the section 6651(a)(1) addition to tax for 1998. C. Conclusion We have considered all of petitioner’s arguments, and, to the extent that we have not specifically addressed them, we conclude that they are without merit. Reviewed and adopted as the report of the Small Tax Case Division. To reflect our disposition of the disputed issues, as well as the parties’ concessions,6 Decision will be entered under Rule 155. 6 Presumably, respondent will afford petitioner the applicable joint filing tax rate in recomputing the deficiency. See supra note 4.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011