Wayne Curtis Siron - Page 12

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          his taxable income for 1998.  Consequently, we conclude that                
          petitioner’s taxable income for 1998 includes the payments                  
          received from FN Manufacturing and the State Board.                         
               Section 6651(a)(1) provides for an addition to tax of 5                
          percent of the tax required to be shown on the return for each              
          month or fraction thereof for which there is a failure to file,             
          not to exceed 25 percent.  The addition to tax for failure to               
          file a return timely will be imposed if the return is not filed             
          timely unless the taxpayer shows that the delay was due to                  
          reasonable cause and not willful neglect.  Sec. 6651(a)(1).                 
          Respondent bears the burden of production with respect to the               
          addition to tax.  Sec. 7491(c).  The record demonstrates that               
          petitioner failed to file a 1998 Federal income tax return.                 
          Petitioner has made no contention and offered no evidence that              
          the delay was due to reasonable cause and not willful neglect.              
          Consequently, we conclude that petitioner is liable for the                 
          section 6651(a)(1) addition to tax for failure to file as                   
          determined by respondent.                                                   
               Section 6654(a) provides for an addition to tax for an                 
          underpayment of estimated tax by an individual.  This addition to           
          tax is mandatory unless one of the statutorily provided                     
          exceptions applies.  Sec. 6654(e).  The record demonstrates that            
          petitioner did not remit any estimated tax payments for 1998, and           
          none of the statutory exceptions applies.  Consequently, we                 






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