William Lenihan - Page 27

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          loss, petitioner offers only a check and a contractor’s                     
          description of work to be done to install a new driveway.  In               
          support of his medical and dental expenses, petitioner offers a             
          pay stub showing deductions that are annotated: “PORTION OF GROSS           
          PAY NOT SUBJECT TO INCOME TAX”.                                             
               Respondent concedes that petitioner has substantiated                  
          payments of State and local taxes, real property taxes, personal            
          property taxes, investment interest expense, and charitable                 
          contributions of $220, $6,799, $166, $922, and $300,                        
          respectively.  Our examination of the documents petitioner                  
          provided to substantiate the Schedule A deductions does not allow           
          us to find that he is entitled to deductions in any greater                 
          amounts.  We accept respondent’s concessions and find that                  
          petitioner expended the amounts stated for the purposes stated.             
          We shall allow the resulting deductions.                                    
          II.  Additions to Tax                                                       
               A.  Section 6651(a)(1)                                                 
               Section 6651(a)(1) imposes an addition to tax for failing to           
          file a return on or before the specified filing date (in this               
          case, April 16, 2001), unless it is shown that this failure is              
          due to reasonable cause and not due to willful neglect.                     
          Reasonable cause may exist if a taxpayer exercised ordinary                 
          business care and prudence and was nonetheless unable to file the           
          return by the date prescribed by law.  Sec. 301.6651-1(c)(1),               






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