- 6 - 229; Surowka v. United States, 909 F.2d 148 (6th Cir. 1990); Miller v. United States, 784 F.2d 728, 730 (6th Cir. 1986); Brown v. Commissioner, T.C. Memo. 1997-567, affd. without published opinion 181 F.3d 99 (6th Cir. 1999); Bruder v. Commissioner, T.C. Memo. 1989-328. We are not required to accept, nor shall we accept, petitioner’s testimony that he timely mailed his return. See Geiger v. Commissioner, 440 F.2d 688, 689 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-159; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). Nor do we attach any weight to the dubious copy of petitioner’s return for 2000 that he produced at trial. Moreover, petitioner makes no argument that he had reasonable cause and lacked willful neglect in not filing the return. In fact, he claims he did file the return. We therefore find that petitioner has failed to demonstrate reasonable cause and lack of willful neglect. Accordingly, we sustain respondent’s determination that petitioner is liable for the addition to tax under section 6651(a)(1) for failure to file timely. Because respondent did not submit a computation to the Court reflecting the proposed increase, we sustain respondent only as to the addition to tax under section 6651(a)(1) determined in the notice of deficiency. Respondent also determined petitioner was liable for an addition to tax of $268 under section 6654(a) for failure to makePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011