William Reese - Page 10

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          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.                                                                      







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Last modified: May 25, 2011