Gary S. and Julie A. Brown - Page 9




                                         -8-                                          
               Our finding in this regard has the following consequences.             
          There is no duplication with respect to the rent expense                    
          deduction claimed on the Schedules C for the years 1993 and 1994.           
          So much of respondent’s reduction of the $137,150 settlement                
          payment as is attributable to a duplication for those years is              
          rejected.  With respect to 1995, we find that all but $6,000 of             
          the $85,092 rent deduction claimed for that year has been                   
          duplicated in the rent deduction claimed for 1997.  Therefore               
          $79,000 of the $137,150 settlement payment is not allowable in              
          1997.                                                                       
               Respondent imposed an addition to tax under section                    
          6651(a)(1).  Briefly stated, that section provides for an                   
          addition to tax if a return is not filed on or before the date              
          that the return is due, unless the delay in filing is due to                
          reasonable cause and not willful neglect.                                   
               Petitioners’ 1997 return was received and filed by                     
          respondent on October 16, 1998.  According to respondent’s                  
          records, that return was due to be filed on or before August 15,            
          1998.  Petitioners do not dispute the date that respondent claims           
          to have received their 1997 return; furthermore, they make no               
          claim that imposition of the addition to tax is inappropriate               
          because they had reasonable cause for their failure to file a               
          timely return.  Instead, they claim that their 1997 return was              
          not filed late.  According to petitioners, they had been granted            







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