- 22 - 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 ofPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011