- 87 - Section 6662(a) does not apply to any portion of an underpayment subject to the fraud penalty under section 6663. Sec. 6662(b). When a joint return is filed and one spouse is found liable for the fraud penalty, imposing the accuracy-related penalty on the other spouse with respect to the same underpayment would result in impermissible stacking. Said v. Commissioner, T.C. Memo. 2003-148; Zaban v. Commissioner, T.C. Memo. 1997-479. Petitioners filed a joint return for 2002. Respondent imposed the accuracy-related penalty on Annette C. Talmage for the same underpayment of tax upon which the Court found petitioner liable for the fraud penalty. Therefore, the Court finds that imposing the accuracy-related penalty on her would result in impermissible stacking. Accordingly, Annette C. Talmage is not liable for the section 6662(a) accuracy-related penalty for 2002. C. Section 6651(a)(1) Addition to Tax Section 6651(a)(1) imposes an addition to tax for failure to timely file a return. The parties stipulated petitioner failed to timely file income tax returns for 1998 and 1999. Therefore, the Court finds respondent met his burden of production. Because respondent has met his burden, petitioner bears the burden of proving his failure to timely file was due to reasonable cause and not willful neglect. To show reasonable cause, petitioner must show he “exercised ordinary business care and prudence and was nevertheless unable to file the return within thePage: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 NextLast modified: March 27, 2008