Mary Jane Sylve, Petitioner, and Norman V. Sylve, Intervenor - Page 16

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          the aggregate.  This addition to tax is applicable unless the               
          taxpayer can demonstrate that the failure is due to a reasonable            
          cause and not due to willful neglect.                                       
               Petitioner agrees that the 1998 return was not timely.                 
          Nevertheless, she argues against the application of the addition            
          to tax because it was “intervenor and his personal accountant               
          that prepared the 1998 return untimely”.  Petitioner’s position             
          in this regard ignores much of the undisputed evidence placed in            
          the record on this point, especially a joint exhibit that                   
          establishes that the return was untimely because petitioner’s               
          divorce attorney misplaced the return in the divorce proceeding’s           
          discovery file.  Respondent has sustained his burden of                     
          production with respect to the imposition of the addition to tax.           
          Petitioner has failed to establish that the failure to file the             
          return on a timely basis was due to reasonable cause and not                
          willful neglect.  See United States v. Boyle, 469 U.S. 241 (1985)           
          (taxpayers have a personal and nondelegable duty to file a timely           
          return, and reliance on a professional to file a return does not            
          provide reasonable cause for an untimely filing).  Respondent’s             
          imposition of the section 6651(a) addition to tax is sustained.             
                    2.  Section 6662(a) Penalty                                       
               Section 6662(a) imposes an accuracy-related penalty of 20              
          percent of any portion of an underpayment of tax that is                    
          attributable to a substantial understatement of income tax.  Sec.           






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