- 10 - at issue was disallowed. Petitioner presented very little evidence as to how he arrived at the amounts for most of the contributions claimed on his returns. In addition, the majority of petitioner’s claimed charitable deductions were for personal expenses. The Court holds that petitioner disregarded rules and regulations and sustains the section 6662(a) penalties for the years at issue. Respondent also determined a section 6651(a)(1) addition to tax for the year 1998 in the amount of $100. A taxpayer is liable for an addition to tax for failure to file a return timely unless such failure “is due to reasonable cause and not due to willful neglect.” Sec. 6651(a)(1). Willful neglect is defined as “a conscious, intentional failure, or reckless indifference.” United States v. Boyle, 469 U.S. 241, 245 (1985). Petitioner was required to file a timely Federal income tax return for 1998. Sec. 6012. Petitioner filed his 1998 Federal income tax return untimely, on April 1, 2002.7 Due to the lack of testimony or other evidence explaining why he waited almost 3 years to file his 1998 tax return, the Court holds that petitioner is liable for the section 6651(a)(1) addition to tax for 2000. 7Petitioner also filed his 1999 and 2000 Federal income tax return untimely; however, respondent did not determine the sec. 6651(a)(1) addition to tax for those years.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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