John Minor - Page 4

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            Commissioner, 279 U.S. 716 (1929).  Respondent's determinations                             
            on this issue are sustained.                                                                
                  The second issue for decision is whether petitioner is                                
            liable for the section 6651(a)(1) additions to tax for the                                  
            taxable years in issue.                                                                     
                  Section 6651(a)(1) imposes an addition to tax for failure to                          
            timely file a return, unless the taxpayer establishes that such                             
            failure is due to reasonable cause and not due to willful                                   
            neglect.  "Reasonable cause" requires the taxpayer to demonstrate                           
            that he exercised ordinary business care and prudence and was                               
            nonetheless unable to file a return within the prescribed time.                             
            United States v. Boyle, 469 U.S. 241, 245-246 (1985).  "[W]illful                           
            neglect" means a conscious, intentional failure or reckless                                 
            indifference.  Id. at 246.  The addition to tax equals 5 percent                            
            of the tax required to be shown on the return if the failure to                             
            file is for not more than 1 month, with an additional 5 percent                             
            for each additional month or fraction of a month during which the                           
            failure to file continues, not to exceed a maximum of 25 percent.                           
            Sec. 6651(a)(1).                                                                            
                  Petitioner did not address at trial respondent's                                      
            determinations that he is liable for the section 6651(a)(1)                                 
            additions to tax.  We therefore find that he has failed to prove                            
            that his failure to file his returns was not due to willful                                 
            neglect or that such failure was due to reasonable cause.                                   






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