- 5 - that the failure to file did not result from willful neglect and was due to reasonable cause. See United States v. Boyle, 469 U.S. 241, 245 (1985). To prove reasonable cause, a taxpayer must show that he or she exercised ordinary business care and prudence but nevertheless could not file the return when it was due. See Crocker v. Commissioner, 92 T.C. 899, 913 (1989); sec. 301.6651- 1(c)(1), Proced. & Admin. Regs. Because petitioner failed to present a reasonable explanation for his failure to file, nor any genuine issue for trial in that regard, summary judgment is also appropriate to sustain respondent's determination with respect to the additions to tax under section 6651(a)(1). Additionally, respondent determined additions to tax under section 6651(a)(2) for failure to pay tax. Section 6651(a)(2) provides for an addition to tax of 0.5 percent per month up to 25 percent for failure to pay the amount shown on a return. This addition to tax, however, applies only in the case where a return has been filed. See Spurlock v. Commissioner, T.C. Memo. 2003- 124; see also Burr v. Commissioner, T.C. Memo. 2002-69; Heisey v. Commissioner, T.C. Memo. 2002-41, affd. 59 Fed. Appx. 233 (9th Cir. 2003). Under section 6651(g)(2), a return the Secretary prepared under section 6020(b) is treated as “the return filed by the taxpayer for purposes of determining the amount of the addition” under section 6651(a)(2). For these purposes, a section 6020(b) return, in the context of section 6651(a)(2) andPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011