-10- tax under section 6651(a)(3) is in an amount of 0.5 percent of the amount of such tax if the failure to pay the tax is for not more than one month, with an additional 0.5 percent for each additional month or fraction thereof during which such failure to pay continues, not to exceed 25 percent in the aggregate. The failure to pay penalty thus may continue to accrue for up to 50 months, until payment. The addition to tax under section 6651(a)(3) is imposed unless the taxpayer establishes that the failure was due to reasonable cause and not willful neglect. Since petitioner has failed to pay any of the net assessed balance of tax and section 6651(a)(1) penalties (after withholding credits), the section 6651(a)(3) failure to pay penalty in this case equals 25 percent of the net assessed amounts after withholding credits. Respondent asserts that he is not required to make a separate assessment of the accruals of the section 6651(a)(3) additions to tax to collect the accruals. We agree with respondent for the following reasons: Section 6665(a) provides, in paragraph (1), that additions to tax, additional amounts, and penalties are to be paid upon notice and demand and are to be assessed, collected, and paid in the same manner as taxes, and paragraph (2) provides that any reference to “tax” is to be deemed also to refer to the foregoing items.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011