- 33 - Section 6651(a)(1) imposes an addition to tax for failure to timely file a return unless the taxpayer establishes that the failure “is due to reasonable cause and not due to willful neglect”. A delay is due to reasonable cause if “the taxpayer exercised ordinary business care and prudence and was nevertheless unable to file the return within the prescribed time”. Sec. 301.6651-1(c)(1), Proced. & Admin. Regs. It is undisputed that Sparkman filed his individual Federal income tax returns for the years 1996 through 1999 on or about June 20, 2000. Accordingly, respondent has met his burden of production pursuant to section 7491(c). Sparkman bears the burden of proving that his failure to timely file is due to reasonable cause and not to willful neglect. See Higbee v. Commissioner, 116 T.C. 438, 447 (2001). Sparkman has failed to carry this burden. Sparkman argues that his late filing was due to reasonable cause because he had difficulty obtaining bookkeeping and accounting advice. A taxpayer has a personal and nondelegable duty to file a timely return; reliance on a bookkeeper or accountant does not provide reasonable cause for an untimely filing. United States v. Boyle, 469 U.S. 241, 249 (1985) (and cases cited therein). Perforce, difficulty in finding a bookkeeper or accountant upon whom to rely does not provide reasonable cause for an untimely filing. Sparkman is liable for the section 6651(a)(1) addition to tax with respect to each year at issue.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011