GillisTriplett - Page 11

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          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.                                 





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