Fred A. Windover - Page 14




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         months after the tax is due to be paid.11  A taxpayer can be                 
         absolved of liability from either addition to tax if the taxpayer            
         demonstrates that the failure to file, or the failure to pay, as             
         appropriate, is due to reasonable cause and not due to willful               
         neglect.  Sec. 6651(a); Higbee v. Commissioner, 116 T.C. 438                 
         (2001).                                                                      
              Petitioner’s 1999 return was filed more than 4 months late.             
         Petitioner has offered no reason why that return was filed when              
         it was.  Consequently, he is liable for the section 6651(a)(1)               
         addition to tax for his failure to file a timely 1999 Federal                
         income tax return.                                                           
              As of June 2, 2003, the date that respondent received                   
         petitioner’s 1999 return and 1999 check, the section 6651(a)(2)              
         addition to tax had just about reached its maximum amount.  Had              
         respondent applied the 1999 check to the liability shown on                  
         petitioner’s 1999 return, further accrual of the addition to tax             
         would have been prevented, but the portion of the section                    
         6651(a)(2) addition to tax that had accrued up until that date               
         would be applicable because petitioner had not shown (and has not            



               11  The sec. 6651(a)(1) addition to tax accrues at the rate            
          of 5 percent per month for as long as the failure to file                   
          continues until the maximum 25 percent is reached; the sec.                 
          6651(a)(2) addition to tax accrues more slowly at the rate of               
          .5 percent per month until the maximum 25 percent is reached.               
          For those months that both additions to tax apply, the amount of            
          the sec. 6651(a)(2) addition to tax offsets the amount of the               
          sec. 6651(a)(1) addition to tax.                                            





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