Nathaniel Caleb Avery - Page 12

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          disprove respondent’s determination of unreported income,8 we               
          sustain the determination.                                                  
          3.  Addition to Tax Under Section 6651(a)(1)                                
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a return when due “unless it is shown that such failure is             
          due to reasonable cause and not due to willful neglect”.  The               
          addition equals 5 percent for each month that the return is late,           
          not to exceed 25 percent in total.  The Commissioner has the                
          burden of production with respect to the liability of an                    
          individual for an addition to tax under section 6651(a)(1).  See            
          sec. 7491(c); see also Rule 142(a)(1) (the Commissioner bears the           
          burden of proof as to his allegation in the answer concerning the           
          increase in the section 6651(a)(1) addition to tax).9  The burden           
          of showing reasonable cause under section 6651(a) remains on                
          petitioner.  See Higbee v. Commissioner, 116 T.C. 438, 446-448              
          (2001).  “Reasonable cause” requires petitioner to demonstrate              


               8 Petitioner had an opportunity to show error in                       
          respondent’s determination of unreported income but failed to               
          take advantage of that opportunity.  Instead, petitioner opts to            
          rely on allegations similar to those that we have previously                
          rejected as frivolous.  We see no need to address petitioner’s              
          allegations with any further discussion.  See Sawukaytis v.                 
          Commissioner, T.C. Memo. 2002-156, affd. 102 Fed. Appx. 29 (6th             
          Cir. 2004); Heisey v. Commissioner, T.C. Memo. 2002-41, affd. 59            
          Fed. Appx. 233 (9th Cir. 2003); Hart v. Commissioner, T.C. Memo.            
          2001-306.                                                                   
               9 Petitioner believes that respondent’s concession in the              
          answer of the sec. 6651(a)(2) addition to tax invalidates the               
          notice of deficiency.  We disagree.                                         





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