- 9 - to produce evidence that it is appropriate to impose a relevant penalty, addition to tax, or additional amount. Sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446 (2001). The Commissioner, however, does not have the obligation to introduce evidence regarding reasonable cause. Id. at 446-447. In the instant case it is not disputed that petitioner did not file his 2003 tax return until May 12, 2004. Petitioner simply failed to follow up with his return preparer to verify that his return had been timely filed. Petitioner’s mere reliance on his return preparer to timely file his return is not reasonable cause. United States v. Boyle, supra at 252. Accordingly, we hold petitioner is liable for the addition to tax pursuant to section 6651(a)(1). To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011