- 20 - Consequently, according to petitioner, his failure to file timely a return for his taxable year 1999 was due to reasonable cause and not to willful neglect. Even if petitioner timely sent to respondent an unsigned return for his taxable year 1999, which respondent disputes, any such action by petitioner would not establish that his failure to file timely a return for his taxable year 1999 was due to reasonable cause and not to willful neglect. See Elliott v. Commissioner, supra at 128-131. On the instant record, we find that petitioner has failed to show that he is not liable for the increase in the 1999 addition to tax under section 6651(a)(1) that respondent assessed on May 5, 2003, and that is attributable to the 1999 return. We address next whether petitioner has carried his burden of establishing that he is not liable for the increase in the 1999 addition to tax under section 6651(a)(2) that respondent assessed on May 5, 2003, and that is attributable to the 1999 return. As discussed above, petitioner conceded in the petition that he did not pay timely the tax shown in the 1999 return. Nonetheless, as we understand petitioner’s position, he contends that he relied on the advice of a certified public accountant that he did not have to pay the tax shown due in the 1999 return when that return was sent to respondent around March 18, 2003. Consequently, according to petitioner, his failure to pay timely the tax shown in the 1999 return was due to reasonable cause and not to willfulPage: 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