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Section 6651(a)(1) provides for an addition to tax of 5
percent of the tax required to be shown on the return for each
month or fraction thereof for which there is a failure to file,
not to exceed 25 percent. The addition to tax for failure to
file a return timely will be imposed if the return is not filed
timely unless the taxpayer shows that the delay was due to
reasonable cause and not willful neglect. Sec. 6651(a)(1). The
Commissioner bears the burden of production with respect to the
addition to tax. Sec. 7491(c). The parties stipulated that
petitioners filed their 2000 Federal income tax return on
December 12, 2001, after receiving a 6-month extension.
Consequently, we must determine whether petitioners have shown
that the delay was due to reasonable cause and not willful
neglect.
A delay is due to reasonable cause if the taxpayer exercised
ordinary business care and prudence and was nevertheless unable
to file the return within the prescribed time. Sec. 301.6651-
1(c)(1), Proced. & Admin. Regs. “Willful neglect” is defined as
a “conscious, intentional failure or reckless indifference.”
United States v. Boyle, 469 U.S. 241, 245 (1985). In the instant
case, the record demonstrates that petitioners requested and were
granted a 6-month extension to file the 2000 Federal income tax
return. Petitioners contend and respondent does not dispute that
petitioners lacked access to essential financial records as of
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