- 38 - file a return. McMahan v. Commissioner, 114 F.3d 366, 369 (2d Cir. 1997), affg. T.C. Memo. 1995-547. Petitioner admitted that he did not timely file his tax returns for 2000 and 2001. Accordingly, respondent has met his burden of production for the section 6651(a)(1) addition to tax for 2000. Respondent, however, bears the burden of proof for the section 6651(a)(1) addition to tax for 2001 as he raised this issue for the first time in the answer. See Rule 142(a)(1); Sanderling, Inc. v. Commissioner, 66 T.C. 743, 756-760 (1976), affd. in part and revd. in part on other grounds 571 F.2d 174 (3d Cir. 1978); Snyder v. Commissioner, T.C. Memo. 2006-92; Paleveda v. Commissioner, T.C. Memo. 1997-416, affd. without published opinion 178 F.3d 1303 (11th Cir. 1999). Our resolution of this issue, however, does not depend on who bears the burden of proof. See Snyder v. Commissioner, supra; see also Bhattacharyya v. Commissioner, T.C. Memo. 2007-19 n.19. Petitioner admitted that he did not timely file his returns for 2000 and 2001. Petitioner timely filed his returns for the immediately previous years (1998 and 1999). Petitioner knew his returns for 2000 and 2001 were due on April 15 of the following years. Petitioner did not exercise business care and prudence in not timely filing his returns for 2000 and 2001. See United States v. Boyle, supra at 245. Accordingly, petitioner is liable for the section 6651(a)(1) addition to tax for 2000 and 2001.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 NextLast modified: March 27, 2008