Mr. Van Pelt according to the
Federal Government (CFR) Chapter 27 is Alcohol Tobacco and Firearms. and your section no longer appears in the January 2010 version. so I think the point is moot. Now if I found the wrong thing by all means correct me.
ADDED: I Checked 26CFR there is no 70.69 there either.
ADDED 2: I understand that at birth you had the last name of Van Pelt just because you lost your way somewhere alng the line and dropped the last name doesn't mean it isn't your last name. But by all means post a copy of a court order signed by a real judge legally changing your name and I will edit the previous posts in this thread.
ADDED 3: I just reread the post I am sorry Mr. Van Pelt I reversed the numbers this happens from time to time. Here is 27CFR70.96 it clearly says excise taxes in the January 1, 2009 version.
Sec. 70.96 Failure to file tax return or to pay tax.
(a) Addition to the tax--(1) Failure to file tax return. In the case
of failure to file a return required under authority of:
(i) Title 26 U.S.C. 61, relating to returns and records;
(ii) Title 26 U.S.C. 51, relating to distilled spirits, wines and
beer;
(iii) Title 26 U.S.C. 52, relating to tobacco products, and
cigarette papers and tubes; or
(iv) Title 26 U.S.C. 53, relating to machine guns, destructive
devices, and certain other firearms; and the regulations thereunder, on
or before the date prescribed for filing (determined with regard to any
extension of time for such filing), there shall be added to the tax
required to be shown on the return the amount specified below unless the
failure to file the return within the prescribed time is shown to the
satisfaction of the appropriate TTB officer to be due to reasonable
cause and not to willful neglect. The amount to be added to the tax is 5
percent therof if the failure is not for more than one month, with an
additional 5 percent for each additional month or fraction thereof
during which the failure continues, but not to exceed 25 percent in the
aggregate. The amount of any addition under paragraph (a)(1) of this
section shall be reduced by the amount of the addition under paragraph
(a)(2) of this section for any month to which an addition to tax applies
under both paragraphs (a)(1) and (a)(2) of this section.
(2) Failure to pay tax shown on return. In case of failure to pay
the amount shown as tax on any return required to be filed after
December 31, 1969 (without regard to any extension of time for filing
thereof), specified in paragraph (a)(1) of this section, on or before
the date prescribed for payment of such tax (determined with regard to
any extension of time for payment), there shall be added to the tax
shown on the return the amount specified below unless the failure to pay
the tax within the prescribed time is shown to the satisfaction of the
appropriate TTB officer to be due to reasonable cause and not to willful
neglect. The amount to be added to the tax is 0.5 percent of the amount
of tax shown on the return if the failure is for not more than 1 month,
with an additional 0.5 percent for each additional month or fraction
thereof during which the failure continues, but not to exceed 25 percent
in the aggregate.
(3) Failure to pay tax not shown on return. In case of failure to
pay any amount in respect of any tax required to be shown on a return
specified in paragraph (a)(1) of this section, which is not so shown
(including an assessment made pursuant to 26 U.S.C. 6213(b)) within 10
days from the date of the notice and demand therefor, there shall be
added to the amount shown in the notice and demand the amount specified
below unless the failure to pay the tax within the prescribed time is
shown to the satisfaction of the appropriate TTB officer to be due to
reasonable cause and not to willful neglect. The amount to be added to
the tax is 0.5 percent of the amount stated in the notice and demand if
the failure is for not more than one month, with an additional 0.5
percent for each additional month or fraction thereof during which the
failure continues, but not to exceed 25 percent in the aggregate. The
maximum amount of the addition permitted under this subparagraph shall
be reduced by the amount of the addition under paragraph (a)(1) of this
section, which is attributable to the tax for which the notice and
demand is made and which is not paid within 10 days from the date of
notice and demand. The preceding sentence applies to amounts assessed on
or before December 31, 1986.
(4) Increases in penalties in certain cases. For increases in
penalties for failure to file a return or pay tax in certain cases, see
26 U.S.C. 6651(d) or (f).
(b) Month defined. (1) If the date prescribed for filing the return
or paying tax is the last day of a calendar month, each succeeding
calendar month or fraction thereof during which the failure to file or
pay tax continues shall constitute a month for purposes of section 6651.
(2) If the date prescribed for filing the return or paying tax is a
date other than the last day of a calendar month, the period which
terminates with the
[[Page 248]]
date numerically corresponding thereto in the succeeding calendar month
and each such successive period shall constitute a month for purposes of
section 6651. If, in the month of February, there is no date
corresponding to the date prescribed for filing the return or paying
tax, the period from such date in January through the last day of
February shall constitute a month for purposes of section 6651. Thus, if
a return is due on January 30, the first month shall end on February 28
(or 29 if a leap year), and the succeeding months shall end on March 30,
April 30, etc.
(3) If a return is not timely filed or tax is not timely paid, the
fact that the date prescribed for filing the return or paying tax, or
the corresponding date in any succeeding calendar month, falls on a
Saturday, Sunday, or legal holiday is immaterial in determining the
number of months for which the addition to the tax under section 6651
applies.
(c) Showing of reasonable cause. A taxpayer who wishes to avoid the
addition to the tax for failure to file a tax return or pay tax must
make an affirmative showing of all facts alleged as a reasonable cause
for the taxpayers failure to file such return or pay such tax on time in
the form of a written statement containing a declaration that it is made
under penalties of perjury. Such statement should be filed with the
appropriate TTB officer. In addition, where special tax returns of
liquor dealers are delivered to an appropriate TTB officer, such
statement may be delivered with the return. If the appropriate TTB
officer determines that the delinquency was due to a reasonable cause
and not to willful neglect, the addition to the tax will not be
assessed. If the taxpayer exercised ordinary business care and prudence
and was nevertheless unable to file the return within the prescribed
time, then the delay is due to a reasonable cause. A failure to pay will
be considered to be due to reasonable cause to the extent that the
taxpayer has made a satisfactory showing that the taxpayer exercised
ordinary business care and prudence in providing for payment of the tax
liability and was nevertheless either unable to pay the tax or would
suffer an undue hardship (as described in 26 CFR 1.6161-1(b)) if paid on
the due date. In determining whether the taxpayer was unable to pay the
tax in spite of the exercise of ordinary business care and prudence in
providing for payment of a tax liability, consideration will be given to
all the facts and circumstances of the taxpayer's financial situation,
including the amount and nature of the taxpayer's expenditures in light
of the income (or other amounts) the taxpayer could, at the time of such
expenditures, reasonably expect to receive prior to the date prescribed
for the payment of the tax. Thus, for example, a taxpayer who incurs
lavish or extravagant living expenses in an amount such that the
remainder of assets and anticipated income will be insufficient to pay
the tax, has not exercised ordinary business care and prudence in
providing for the payment of a tax liability. Further, a taxpayer who
invests funds in speculative or illiquid assets has not exercised
ordinary business care and prudence in providing for the payment of a
tax liability unless, at the time of the investment, the remainder of
the taxpayer's assets and estimated income will be sufficient to pay the
tax or it can be reasonably foreseen that the speculative or illiquid
investment made by the taxpayer can be utilized (by sale or as security
for a loan) to realize sufficient funds to satisfy the tax liability. A
taxpayer will be considered to have exercised ordinary business care and
prudence if such taxpayer made reasonable efforts to conserve sufficient
assets in marketable form to satisfy a tax liability and nevertheless
was unable to pay all or a portion of the tax when it became due.
(d) Penalty imposed on net amount due--(1) Credits against the tax.
The amount of tax required to be shown on the return for purposes of
section 6651(a)(1) and the amount shown as tax on the return for
purposes of section 6651(a)(2) shall be reduced by the amount of any
part of the tax which is paid on or before the date prescribed for
payment of the tax and by the amount of any credit against the tax which
may be claimed on the return.
(2) Partial payments. (i) The amount of tax required to be shown on
the return for purposes of section 6651(a)(2) of
[[Page 249]]
the Internal Revenue Code shall, for the purpose of computing the
addition for any month, be reduced by the amount of any part of the tax
which is paid after the date prescribed for payment and on or before the
first day of such month, and
(ii) The amount of tax stated in the notice and demand for purposes
of section 6651(a)(3) of the Internal Revenue Code shall, for the
purpose of computing the addition for any month, be reduced by the
amount of any part of the tax which is paid before the first day of such
month.
(e) No addition to tax if fraud penalty assessed. No addition to the
tax under section 6651 of the Internal Revenue Code shall be assessed
with respect to an underpayment of tax if an addition to the tax for
fraud is assessed with respect to the same underpayment under section
6653(b). See section 6653(d) of the Internal Revenue Code.
(26 U.S.C. 6651)
[T.D. ATF-251, 52 FR 19314, May 22, 1987, as amended by T.D ATF-301, 55
FR 47614, Nov. 14, 1990; T.D. ATF-353, 59 FR 2522, Jan. 18, 1994; T.D.
ATF-450, 66 FR 29025, May 29, 2001]
CFR
