David J. Boyd - Page 13

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          deductible trade or business expenses during 1995.  Therefore,              
          under the Court's discretionary authority pursuant to Cohan v.              
          Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930), the Court                
          allows petitioner a deduction of $300 as a trade or business                
          expense on Schedule C for the year at issue.5                               
               The final issue is whether petitioner is liable for the                
          addition to tax under section 6651(a)(1) for failure to file a              
          timely return for the year 1995.  Section 6651(a)(1) provides for           
          an addition to tax if a tax return is not filed timely, unless              
          the taxpayer establishes that the failure to file did not result            
          from willful neglect and that the failure to file was due to                
          reasonable cause.  Willful neglect has been construed to mean a             
          conscious, intentional failure or reckless indifference.  United            
          States v. Boyle, 469 U.S. 241, 245-246 (1985).  Reasonable cause            
          generally requires a taxpayer to demonstrate that he or she                 
          exercised ordinary business care or prudence.  Sec. 301.6651-               
          1(c)(1), Proced. & Admin. Regs.  It is undisputed that                      
          petitioner’s original 1995 tax return was not filed until January           
          21, 1997.  The due date for filing that return was April 15,                
          1996.  Petitioner did not present satisfactory evidence of                  


               5    Due to the Court’s conclusion that petitioner is                  
          properly a Schedule C filer with respect to his law practice, he            
          is liable for additional self-employment tax.  Respondent is                
          sustained on this issue, and the adjustment will be reflected in            
          the Rule 155 computation.                                                   





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