Searcy M. Ferguson, Jr., and Elizabeth L. Ferguson - Page 22

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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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