- 18 - notice of deficiency and did not otherwise have an opportunity to dispute those additions to tax. We shall review on a de novo basis respondent’s determinations with respect to such increases in the 1999 additions to tax. Sego v. Commissioner, supra; Goza v. Commissioner, supra. Section 6651(a)(1) imposes an addition to tax for failure to file timely a return. Section 6651(a)(2) imposes an addition to tax for failure to pay timely the amount shown as tax in a return. The respective additions to tax under section 6651(a)(1) and (2) do not apply if the failures to file timely and to pay timely are due to reasonable cause and not to willful neglect. Respondent has the burden of production with respect to the increases in the 1999 additions to tax under section 6651(a)(1) and (2). Sec. 7491(c); Higbee v. Commis- sioner, 116 T.C. 438, 446 (2001). Although respondent bears the burden of production with respect to such increases, respondent “need not introduce evidence regarding reasonable cause * * * or similar provisions. * * * the taxpayer bears the burden of proof with regard to those issues.” Higbee v. Commissioner, supra. With respect to the increase in the 1999 addition to tax under section 6651(a)(1), petitioner claims, and respondent disputes, that petitioner submitted timely an unsigned return for his taxable year 1999. Assuming arguendo that petitioner had timely submitted an unsigned return for his taxable year 1999, such unsigned return does not constitute a valid tax return forPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011