Alan D. Stang - Page 25

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          116 T.C. 438, 446 (2001).  On the record presented in this case,            
          respondent has carried the requisite burden of production with              
          respect to the additions to tax under sections 6651(a)(1) and               
          6654.                                                                       
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a required return on or before the prescribed filing date,             
          unless it is shown that such failure is due to reasonable cause             
          and not due to willful neglect.  “Willful neglect” denotes “a               
          conscious, intentional failure or reckless indifference.”  United           
          States v. Boyle, 469 U.S. 241, 245 (1985).  “Reasonable cause”              
          correlates to “ordinary business care and prudence”.  Id. at 246            
          & n.4; sec. 301.6651-1(c)(1), Proced. & Admin. Regs.                        
               Through the testimony of the revenue agent, along with                 
          transcripts and other documents admitted as evidence, respondent            
          showed that petitioner was required to file a return for each of            
          the subject years and failed to do so.  Petitioner has offered no           
          legitimate explanation for this failure.  The Court holds that              
          petitioner is liable for additions to tax under section 6651 for            
          1999, 2000, and 2001.                                                       
               Section 6654 imposes an addition to tax for underpayment of            
          estimated tax, subject to limited exceptions enumerated in                  
          subsection (e).  The record here reflects an underpayment of                
          estimated tax for each year in issue, and we do not find that any           
          of the referenced exceptions is applicable.  Imposition of an               






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