Georges Z. Zakhem - Page 10

                                        - 9 -                                         
          7941(c), the Commissioner need only make a prima facie case that            
          imposition of the penalty or addition to tax is appropriate.                
          Higbee v. Commissioner, supra.                                              
               The burden of proof remains on the petitioner, who must                
          prove that his failure to file was: (1) Due to reasonable cause             
          and (2) not due to willful neglect.  Sec. 6651(a); United States            
          v. Boyle, 469 U.S. 241, 245 (1985); Higbee v. Commissioner, supra           
          at 446-447.  A failure to file a Federal income tax return is due           
          to reasonable cause if the taxpayer exercised ordinary business             
          care and prudence and nevertheless was unable to file the return            
          within the prescribed time.  Barkley v. Commissioner, T.C. Memo.            
          2004-287; sec. 301.6651-1(c)(1), Proced. & Admin. Regs.  Willful            
          neglect means a conscious, intentional failure or reckless                  
          indifference.  United States v. Boyle, supra at 245.                        
               Respondent has carried his burden of production by                     
          introducing into evidence certified copies of Form 4340,                    
          Certificate of Assessments, Payments, and Other Specified                   
          Matters, with respect to petitioner’s 1995, 1996, and 1997                  
          taxable years, establishing that petitioner did not file timely             
          Federal income tax returns for those years.  See Davis v.                   
          Commissioner, 115 T.C. 35, 40-41 (2000); Downey v. Commissioner,            
          T.C. Memo. 2005-215.                                                        









Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011