Brett Alan Combs - Page 12

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               It is petitioner’s burden to prove that he had reasonable              
          cause and lacked willful neglect in not filing his return timely.           
          See United States v. Boyle, 469 U.S. 241, 245 (1985); Higbee v.             
          Commissioner, supra; sec. 301.6651-1(a)(1), Proced. & Admin.                
          Regs.  Because petitioner failed to offer any evidence of                   
          reasonable cause and lack of willful neglect for his failure to             
          file timely, respondent’s determination that petitioner is liable           
          for the addition to tax under section 6651(a)(1) is sustained.              
               Addition to Tax Under Section 6651(a)(2)                               
               Under section 6651(g)(2) the return made by respondent under           
          section 6020(b) is to be treated as a return filed by petitioner            
          for purposes of determining the amount of the addition to tax               
          under section 6651(a)(2).  Because petitioner failed to offer any           
          evidence of reasonable cause and lack of willful neglect for his            
          failure to pay timely, respondent’s determination that he is                
          liable for the addition to tax under section 6651(a)(1) is                  
          sustained.                                                                  
               Addition to Tax Under Section 6654                                     
               The section 6654 addition to tax applies in a mathematical             
          fashion unless it is shown that any of certain statutory                    
          exceptions apply.  See Grosshandler v. Commissioner, 75 T.C. 1,             
          20-21 (1980); Goers v. Commissioner, T.C. Memo. 1999-354.                   
          Petitioner has not shown that any exceptions apply.  Accordingly,           







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