Patrick J. McGowan - Page 5

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          tax protester argument that wastes the Court’s time and                     
          resources.                                                                  
               We do not address petitioner’s argument with somber                    
          reasoning and copious citations of precedent, as to do so might             
          suggest that petitioner’s arguments possess some degree of                  
          colorable merit.  See Crain v. Commissioner, 737 F.2d 1417, 1417            
          (5th Cir. 1984).  Accordingly, we hold that petitioner is liable            
          for the amounts of the deficiencies in his income tax set forth             
          in the notices of deficiency for taxable years 1997 and 2002.               
               Section 6651(a)(1) imposes an addition to tax for a failure            
          to file an income tax return.  A taxpayer may be relieved of the            
          additions to tax, however, if he can demonstrate that the failure           
          is “due to reasonable cause and not to willful neglect”.  Higbee            
          v. Commissioner, supra at 447.  Willful neglect means intentional           
          failure or reckless indifference.  United States v. Boyle, 469              
          U.S. 241, 245 (1985).  Section 301.6651-1(c)(1), Proced. & Admin.           
          Regs., provides that, if a taxpayer exercises ordinary business             
          care and prudence and is nevertheless unable to file on time,               
          then the delay is due to reasonable cause.  Petitioner did not              
          timely file tax returns during the years in issue because he does           
          not believe that there is a Code section requiring him to pay               
          income tax.  Misguided interpretations of the Constitution or               
          other typical tax protester arguments are not reasonable cause.             
          See Yoder v. Commissioner, T.C. Memo. 1990-116.  Accordingly, we            






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