- 7 - average of $12.50 a day. Petitioner offered no testimony or other evidence with respect to cleaning and washing expenses. Petitioner therefore is not entitled to a deduction for this item. See Vanicek v. Commissioner, supra. Respondent’s determination on this issue is modified to the extent that petitioner is entitled to a deduction of $16,500. 4. Addition to Tax Under Section 6651(a)(1) If a tax return is not timely filed, an addition to tax will be assessed “unless it is shown that such failure is due to reasonable cause and not due to willful neglect”. Sec. 6651(a)(1). The Commissioner has the burden of production with respect to the liability of any individual for an addition to tax under section 6651(a)(1). Sec. 7491(c). The burden of showing reasonable cause under section 6651(a) remains on the taxpayer. Higbee v. Commissioner, 116 T.C. 438, 446-448 (2001). The parties stipulated that petitioner filed his 2002 tax return on April 15, 2004. Respondent therefore has met his burden of production. At trial, petitioner offered no testimony with respect to this issue. Accordingly, respondent’s determination is sustained. Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011