IRCCourt RulingsDec 28, 2004
ble for additions to tax under secs.
6651(a)(2) and 6654; (2) petitioner is entitled to deduct
expenses relating to his apartment rental activity; (3) petitioner’s 1998 filing status is married filing jointly; and
(4) petitioner’s payment of $2,000, made on or about Mar. 7,
2001, was incorrectly credited as $340, and r…
IRCCourt RulingsJun 17, 2024
…ursuant to section 6020(b) is treated as the “return” filed by the taxpayer for this purpose. See
§ 6651(g).
On September 12, 2022, the IRS prepared an SFR setting forth
the adjustments discussed above. Respondent has included with his Motion a properly executed Certification establishing that the SFR satisfied the req…
IRCCourt RulingsApr 5, 2022
…ly if “it is shown that such failure is due to reasonable cause and not due to willful neglect .” § 6651(a)(1). The taxpayer bears the burden of proof on this
point . Higbee v. Commissioner, 116 T.C. 438, 447 (2001). Petitioner did
not allege or prove that he had reasonable cause for failure to file a return for 2013. …
IRCCourt RulingsDec 28, 2000related by meaning
… thereof, in the taxable
period. See sec. 6011; sec. 54.6011-1(b), Pension Excise Tax
Regs. Section 6651(a)(1) imposes an addition to tax for failure
to file a required return, unless petitioner establishes that
such failure is due to reasonable cause and not willful neglect.
Petitioner failed to file excise tax return…
IRCCourt RulingsJan 27, 2014
…ains delinquent, up to a maximum addition of
25% for returns more than four months delinquent. Sec. 6651(a)(1). The addition to tax for delinquent payment is calculated as 0.5% of the amount shown as tax on
-15-
[*15] the return but not paid, with an additional 0.5% for each month or fraction
thereof during which the f…
T.C. Memo. 1999-80 — Edward Clasby and C. T. Garrahan Insurance Agency, Inc. v. Commissioner IRCCourt RulingsMar 16, 1999
… imposed by section 4975(a).
5
D. Whether Petitioners Are Liable for Additions to Tax Under
Section 6651(a)(1)
Disqualified persons liable for the tax under section
4975(a) must file an annual return on Form 5330 for each
prohibited transaction. Sec. 6011; sec. 54.6011-1(b), Pension
Excise Tax Regs. Neither petitioner …
IRCCourt RulingsDec 7, 1993
… Inc. (ajvw), as follows:
Docket No. 5586-92
Transferee liability Deficiency
Year See. 4975(a) Sec. 6651(a)(1) Sec. 4975(a) Sec. 4975(b) Sec. 6651(a)(1)
1986 $781 $195 $15,958 - - - $3,990
1987 41,259 - - - 10,315
1988 91,416 - - - 22,854
1991 $2,747,607
Docket No. 5587-92
Transferee liability Deficiency
Year Sec. 4975…
IRCCourt RulingsNov 17, 2016
…d for purposes of
- 50 -
determining the addition to tax for failure to file a return under section 6651(a)(1).
Sec. 6651(g)(1). However, returns prepared by the Secretary are treated as if they
were filed by the taxpayer for purposes of determining the amount of the addition
under section 6651(a)(2) for failure to pay…
IRCCourt RulingsDec 2, 1981related by meaning
n the deficiency actions and, thus, we must follow the legislature’s mandate and dismiss this case.
An appropriate order of dismissal will be entered. ^ince this is a preliminary jurisdictional motion, the Court has concluded that the post-trial procedures of Rule 182, Tax Court Rules of Practice and Procedure, are not…
IRCCourt RulingsJun 17, 1997
…oth & Debra Booth (J&D Booth), docket No. 2546-94
Addition to Tax
Penalty
Sec. Sec.
Year
Deficiency
6651(a)(1) 6662(a)
1990 $17,820 --- $3,564
1991 10,263 --- 2,053
Young & Young, Ltd.(Young & Young), docket No. 5754-94
Addition to Tax
Penalty
Sec. Sec.
Year
Deficiency
6651(a)(1)
6662(a)
1989 $12,744 $637 $2,549
Howard…
IRCCourt RulingsJun 14, 2012related by meaning
…Penalties
A. s Burden of Proof
Respondent bears the burden of production with regard to the section
6651(a)(1) and (2) additions to tax and the section 6662A penalties. See sec.
7491(c); Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). To meet his
burden, respondent must produce sufficient evidenòe that it is appr…
IRCCourt RulingsAug 27, 2018related by meaning
0 and $5,379, respectively; and
(4) liable for an accuracy-related penalty under section 6662(a) for 2013 and 2014
of $3,267 and $7,364, respectively. The examining agent's immediate supervisor approved the section 6662(a)
penalties in writing by making an entry in the Correspondence Examination
Automation Case Support…
87 FR 14722 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications ERISAProposed Rules (FR)Proposed Mar 15, 2022related by meaning
cy or attempt to commit any such crimes or a crime of which any of the foregoing crimes is an element; or any crime described in ERISA section 411; or (B) Convicted by a foreign court of competent jurisdiction or released from imprisonment, whichever is later, as a result of any crime, however denominated by the laws o…
IRCCourt RulingsMar 22, 2007related by meaning
a “required annual payment” for
that year. Sec. 6654(d). A “required annual payment” is equal
to the lesser of (1) 90 percent of the tax shown on the individual’s return for that year (or, if no return is filed, 90
percent of his or her tax for such year), or (2) if the
- 7 -
individual filed a return for the immediat…
IRCCourt RulingsAug 27, 2008
…income that he received in 2002 . R determined a deficiency
and additions to tax pursuant to secs . 6651(a)(1) and (2)
and 6654(a), I .R .C .
Held : P is liable for the deficiency and the addition
to tax pursuant to sec . 6651(a)(1), I .R .C . P is not liable
for the additions to tax pursuant to secs . 6651(a)(2) and
6…
IRCCourt RulingsMar 16, 2015related by meaning
on 6662 imposes a 20% accuracy-related penalty on any underpayment
attributable to any substantial understatement of income tax. Sec. 6662(a), (b)(2). An understatement is "substantial" if it exceeds the greater of $5,000 or 10% of
5Petitioner's Wells Fargo statement for the period ending September 12,
2011, shows a ch…
IRCCourt RulingsNov 2, 1998
…is issue.
Issue 7. Additions to Tax
The last issue is whether petitioner is liable for the
sections 6651( a) and 6654(a) additions to tax determined by
respondent. Respondent contends that petitioner is liable for
these additions for the years in issue; petitioner, on the other
hand, disagrees.
Section 6651(a)(1) impos…
IRCCourt RulingsMar 11, 2020
…Benton is eligible for an exception to the additional tax prescribed in section 72(t).
III. Section 6651(a)(1)
Section 6651(a)(1) imposes an addition to tax for failure to timely file a tax
return unless it is shown that such failure is due to reasonable cause and not due to
willful neglect. The addition to tax is equa…
IRCCourt RulingsJul 8, 1980related by meaning
minations should also be within our jurisdiction. Regardless of the logic of petitioners’ position, we are constrained to deny their motion to vacate. The United States Tax Court has limited jurisdiction. See sec. 7442. Under this jurisdictional umbrella fall generally income, estate, gift, and miscellaneous excise tax…
IRCCourt RulingsDec 17, 1996
ayer shows that the delay was due to
reasonable cause and not willful neglect. Sec. 6651(a)(1).
Petitioner's 1992 Federal income tax return was due on April 15, 1993. Sec. 6072(a). Respondent received petitioner's
Form 1040NR (which is dated June 15, 1993) on June 22, 1993.
However, petitioner introduced no evidence or…