Robert E. Rhodes - Page 7

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          evidence regarding reasonable cause or substantial authority.               
          Higbee v. Commissioner, supra at 446-447.                                   
               A.   Section 6651(a)(1)                                                
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a return on the date prescribed (determined with regard to             
          any extension of time for filing), unless the taxpayer can                  
          establish that such failure is due to reasonable cause and not              
          due to willful neglect.                                                     
               Petitioner stipulated that he filed his Forms 1040 for 1999,           
          2000, and 2001 on February 8, 2004.  Individuals are required to            
          file a Federal income tax return on or before April 15, following           
          the close of the calendar year.  Sec. 6072(a).  Even assuming               
          arguendo that the Forms 1040 are valid returns for purposes of              
          section 6651(a)(1), see infra, petitioner’s Forms 1040 for 1999,            
          2000, and 2001 are late by more than 3 years and 9 months, 2                
          years and 9 months, and 1 year and 9 months, respectively.                  
          Accordingly, respondent has met his burden of production on this            
          issue.                                                                      
               Petitioner offered no credible evidence to show that the               
          failure to file on the date prescribed was due to reasonable                
          cause and not due to willful neglect.  Accordingly, we sustain              
          respondent’s determinations that petitioner is liable for the               
          additions to tax pursuant to section 6651(a)(1) for 1999, 2000,             
          and 2001.                                                                   






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