- 10 - due process and have ordered that refunded. The cur- rent transcript shows this has been done recently. There is no evidence that the taxpayer timely filed a return for 1999, with or with a signature. The first return or copy of a return is the one signed May 31, 2001. The recorded extension date expired on August 15, 2000. The Service set up a substitute for a return in May of 2002. The Service started sending reports of the 1999 liability in May of 2002. Where there was no agreement, a Statutory Notice of deficiency was issued September 5, 2002. The tax, penalty and interest were assessed on February 24, 2002 when the taxpayer didn’t petition the Tax Court. The taxpayer had his opportu- nity to argue the tax, failure to file penalty, failure to pay penalty and failure to pay estimated tax penalty in Tax Court. After the assessment from the statutory notice, the taxpayer submitted his return with a larger liability. The account was adjusted to larger amounts on May 5, 2003. It appears the Service received the return earlier, approximately February of 2003, but the return didn’t have an original signature. Later this was rectified and the return was posted so the account could be posted. There is no long standing policy for the Service to waive the failure to file penalty when the taxpayer doesn’t submit a timely return. There is no evidence it was ever timely filed, signed or unsigned. Regarding the failure to pay penalty, it is the tax- payer’s responsibility to ensure the tax liability it paid on time. He cannot delegate that responsibility to a CPA or others. The return submitted in 2003 showed a larger liability than the Service set up earlier. While you and the taxpayer contend the return was filed in 2000 and the return has a copy of a signa- ture in May of 2001, there were no payments towards the liability except for some withholding that is question- able. I saw no evidence of reasonable cause to abate the penalty. The taxpayer cannot rely on the CPA or others to pay his liability and we saw no evidence that his medical condition prevented him from making payments. He was able to operate one or more corporations andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011