- 14 - The parties agree that petitioner did not file timely Federal income tax returns for 1994, 1995, and 1997. Respondent has met his burden of production under section 7491(c) with respect to imposing the addition to tax under section 6651(a)(1). It is petitioner’s burden to prove that he had reasonable cause and lacked willful neglect in not filing his return timely. See United States v. Boyle, 469 U.S. 241, 245 (1985); Higbee v. Commissioner, supra; sec. 301.6651-1(a)(1), Proced. & Admin. Regs. Petitioner argues that he was unable to file timely returns because of health problems and lost computer data. Petitioner provided the Court with a “Problem List” of 29 health items that he alleges contributed to his inability to file his Federal income tax returns timely. When asked why he did not hire someone to prepare his returns for him, petitioner replied: “I just don’t commit to things I can’t pay for.” Petitioner, however, testified that he invested $15,000 by check in his oil and gas activity. The Court finds that petitioner willfully neglected to file timely his Federal income tax returns for the years at issue. Respondent’s determination that he is liable for the additions to tax under section 6651(a)(1) is sustained. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15Last modified: November 10, 2007