- 13 - petitioner had no reasonable basis for failing to characterize his workers as employees. Consequently, relief from employment tax liability is not available to petitioner under Revenue Act section 530. III. Additions to Tax Respondent determined an addition to tax under section 6651(a)(1) for the periods in issue in 2003. Section 6651(a)(1) provides for an addition to tax of 5 percent of the tax required to be shown on the return for each month or fraction thereof for which there is a failure to file, not to exceed 25 percent. However, the addition to tax for failure to file is not imposed if it is shown that the failure to file did not result from willful neglect and was due to reasonable cause. See United States v. Boyle, 469 U.S. 241, 245 (1985). To prove reasonable cause, the taxpayer must show that he exercised ordinary business care and prudence but nevertheless could not file the return when it was due. See Crocker v. Commissioner, 92 T.C. 899, 913 (1989); sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Respondent also determined an addition to tax under section 6656 with regard to petitioner’s tax liability. Section 6656 imposes an addition to tax equal to 10 percent of the portion of an underpayment in employment tax that is required to be deposited if the failure to deposit is more than 15 days. A taxpayer may also avoid the addition to tax under section 6656 if his failure to deposit wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008