Lawrence Block Co. v. Commissioner
United States Tax Court
Petitioner filed no excess profits tax returns until March 1946, when its secretary-treasurer was informed that a return was due for 1945. Returns for 1943 and 1944 were filed in May 1946, upon legal advice after an internal revenue agent examined the books. Held, on the evidence, reasonable cause did not exist for petitioner's failure to file timely excess profits tax returns for 1943 and 1944.
1Opinion of the Court
OPINION.
Aknold, Judge:
Petitioner filed delinquent excess profits tax returns for 1943 and 1944. Respondent determined a 25 per cent penalty under section 291, Internal Revenue Code, as to each year for failure to file timely returns. Petitioner contends that its failure was “due to reasonable cause and not due to willful neglect” within the meaning of section 291. The burden of establishing reasonable cause is on the taxpayer. Girard Investment Co. v. Commissioner, 122 Fed. (2d) 843.
That a taxpayer believes no return is required is itself insufficent to show that the failure to file was due…
2Cases cited5 opinions
- P. Dougherty Co. v. CommissionerUnited States Tax Court · 1945
- Tarbox Corp. v. CommissionerUnited States Tax Court · 1946
- Hermax Co. v. CommissionerUnited States Tax Court · 1948
- Fairfax Mut. Wood Products Co. v. CommissionerUnited States Tax Court · 1945
- Genesee Valley Gas Co. v. CommissionerUnited States Tax Court · 1948
3Cited by5 opinions
- Gilmore v. United StatesDistrict Court, D. Maryland · 1977
- Peek v. CommissionerUnited States Tax Court · 1980
- Haley v. CommissionerUnited States Tax Court · 1977
- Lawrence Block Co. v. CommissionerUnited States Tax Court · 1949
- Peek v. CommissionerUnited States Tax Court · 1980