Albert James Lawless - Page 9

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          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.                                                           





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