Patrick M. Shannon - Page 21

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          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 willful           






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