- 10 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 10, 2007