-10- 1. Addition to Tax for Late Filing Section 6651(a)(1) provides an addition to tax of 5 percent per month (up to a maximum of 25 percent) for a failure to file a timely tax return, unless it is shown that the untimely filing is due to reasonable cause and not due to willful neglect. Respondent has met his burden of production under section 7491(c) as to the applicability of section 6651(a)(1), and petitioner bears a “heavy” burden of now proving that the coadministrators had reasonable cause for filing the estate tax return late. United States v. Boyle, 469 U.S. 241, 245 (1985); see Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). Reasonable cause may be found if the coadministrators exercised ordinary business care and prudence and were nevertheless unable to file the estate tax return on time. See United States v. Boyle, supra at 246; sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Petitioner has failed to persuade us that the late filing of the estate tax return was due to reasonable cause or, in other words, to the exercise of ordinary business care and prudence on the part of the coadministrators. As to Gershon, he fractured his hip approximately 2 months before the extended due date of the estate tax return, and the record does not establish why Gershon waited until those last 2 months to file the return. Even so, we see no reason why Gershon could not have filed that return timely. Gershon continued working after fracturing hisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011