-9- intentionally failed to credit his withholding, which is manifestly untrue, as plainly demonstrated in the notice of determination and Respondent’s Supplement. With regard to the Levy Notice, the Order directed respondent to “explain why amounts listed in the ‘Paying Late Penalty’ column * * * are not reflected in the transcripts of account attached to respondent’s motion.” The so-called “Paying Late Penalty” and Interest are shown on the Notice under the category “Statutory Additions” and not as assessed items. Section 6651(a)(3) provides: SEC. 6651(a). Addition to the Tax. * * * * * * * (3) to pay any amount in respect of any tax required to be shown on a return specified in paragraph (1) which is not so shown (including an assessment made pursuant to section 6213(b)) within 21 calendar days from the date of notice and demand therefor (10 business days if the amount for which such notice and demand is made equals or exceeds $100,000), unless it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be added to the amount of tax stated in such notice and demand 0.5 percent of the amount of such tax if the failure is for not more than 1 month, with an additional 0.5 percent for each additional month or fraction thereof during which such failure continues, not exceeding 25 percent in the aggregate. Thus, section 6651(a)(3) imposes an addition to tax for failure to pay any amount, in respect of any tax required to be shown on a return which is not so shown, within 21 calendar days from the date of notice and demand of payment. The addition toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011