Hubert Joubert - Page 10




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               B.  Section 6651(a)(1) Addition to Tax                                 
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a timely return unless it is shown that such failure is due            
          to reasonable cause and not to willful neglect. “[R]easonable               
          cause” is described by the applicable regulations as the exercise           
          of “ordinary business care and prudence”.  Sec. 301.6651-1(c)(1),           
          Proced. & Admin. Regs.; see also United States v. Boyle, 469 U.S.           
          241, 246 (1985).  “[W]illful neglect” is interpreted as a                   
          “conscious, intentional failure or reckless indifference.”                  
          United States v. Boyle, supra at 245.                                       
               Here, respondent has met the burden of production because              
          petitioner has admitted that he failed to file a Federal income             
          tax return for 2002.  Petitioner has not presented any evidence             
          to suggest that his failure to file was due to reasonable cause.            
          Although, at trial, petitioner testified that he thought that the           
          Government had recouped all of the tax that he owed for 2002,               
          that does not establish reasonable cause for failing to file a              
          tax return.  See Knight v. Commissioner, T.C. Memo. 1984-376                
          (holding that an unconfirmed belief that petitioner did not owe             
          tax did not constitute reasonable cause for failing to file a tax           
          return).  Consequently, the Court sustains respondent’s                     
          imposition of an addition to tax pursuant to section 6651(a)(1).            










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