- 7 - aggregate, unless such failure to file timely is due to reasonable cause and not due to willful neglect. Although not defined in the Code, “reasonable cause” is described by the applicable regulations as the exercise of “ordinary business care and prudence”. Sec. 301.6651-1(c)(1), Proced. & Admin. Regs.; see also United States v. Boyle, 469 U.S. 241, 246 (1985). “[W]illful neglect” is interpreted as a “conscious, intentional failure or reckless indifference.” United States v. Boyle, supra at 245. Respondent has met the burden of production as petitioner admitted he never filed a Federal income tax return for 2002. Petitioner did not present any evidence to suggest that his failure to file was due to reasonable cause. Therefore, the Court sustains respondent’s determination of the addition to tax pursuant to section 6651(a)(1). Section 6654(a) imposes an addition to tax for failure to pay estimated income tax where there has been underpayment of estimated tax by the taxpayer.4 Petitioner did not remit any payment as he did not file a Federal income tax return. The record reflects that no taxes were withheld, as petitioner was self-employed, and that no payments of estimated tax were made. Any burden of production on the part of respondent is satisfied. 4The Court takes judicial notice of Leggett v. Commissioner, T.C. Memo. 2005-185, which together with the holding in this case establishes that estimated tax was due. See sec. 6654(d)(1)(B) and the flush language where, as here, no return was filed for the previous tax year 2001.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011