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and the accuracy-related penalties are appropriate. See Higbee
v. Commissioner, 116 T.C. 438, 446 (2001). Once respondent meets
his burden of production, petitioner must produce sufficient
evidence to persuade the Court that respondent’s determination is
incorrect. Id. at 447.
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). In
the instant case, the parties stipulated that petitioners filed
the 2000 tax return on March 19, 2002. Consequently, we must
determine whether petitioners have shown that the delay was due
to reasonable cause and not willful neglect.7
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. “[W]illful neglect” is defined
7We note that the parties have made no contentions and
offered no evidence as to whether petitioners filed a written
statement with respondent pursuant to sec. 301.6651-1(c)(1),
Proced. & Admin. Regs.
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