Forrest Jackson - Page 12




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        produce sufficient evidence indicating that it is appropriate to              
        impose an addition to tax.  Higbee v. Commissioner, supra at 446.             
        Once the Commissioner has met this burden, the taxpayer must come             
        forward with evidence sufficient to persuade the Court that the               
        Commissioner’s determination is incorrect or an exception applies.            
        Id. at 447.                                                                   
             As relevant here, in general, section 6651(a)(1) provides for            
        an addition to tax that can amount to 25 percent of the tax (net              
        amount) required to be shown on the return if the return is filed             
        more than 4 months after the due date of the return, including                
        extensions.  See sec. 6651(b).  A taxpayer can be relieved of                 
        liability from the additions to tax if the taxpayer demonstrates              
        that the failure to file is due to reasonable cause and not due to            
        willful neglect.  Sec. 6651(a); Higbee v. Commissioner, supra.                
             Reasonable cause for the failure to file a return may be                 
        shown where the taxpayer has made a satisfactory showing that he              
        exercised ordinary business care and prudence but nevertheless was            
        unable to file the return within the prescribed time.  Sec.                   
        301.6651-1(c)(1), Proced. & Admin. Regs.  Petitioner’s 2002 tax               
        return was introduced into evidence and bears the date of June 5,             
        2003; petitioner does not dispute that she did not timely file her            
        2002 tax return.                                                              
             Respondent has carried his burden regarding the addition to              
        tax.  Petitioner did not address her liability for the section                







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