Kristine A. Cluck - Page 23

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               We are not required to accept the unsubstantiated testimony            
          of petitioner's husband, and we decline to do so.  Tokarski v.              
          Commissioner, 87 T.C. 74, 77 (1986).  The summary schedules                 
          provided by petitioner do not demonstrate her entitlement to the            
          claimed deductions.  Petitioner neither called the accountant who           
          allegedly prepared the schedules to testify, nor offered any                
          documentation underlying the schedules.  This dual failure gives            
          rise to the presumption that the evidence, if produced, would be            
          unfavorable.  Wichita Terminal Elevator Co. v. Commissioner, 6              
          T.C. 1158 (1946), affd. 162 F.2d 513 (10th Cir. 1947).                      
          Therefore, we hold that petitioner is not entitled to use the               
          claimed depreciation and amortization deductions in the                     
          computation of her 1987 and 1988 NOL.                                       
          Issue 2. Addition to Tax--Failure To Timely File                            
               Section 6651(a)(1) provides for an addition to tax for                 
          failure to file a Federal income tax return by its due date                 
          determined with regard to any extension of time for filing,                 
          unless it is shown that such failure is due to reasonable cause             
          and not due to willful neglect.  Calendar year individual                   
          taxpayers must file their Federal income tax return by April 15             
          following the close of the calendar year.  Sec. 6072(a).  The               
          taxpayer bears the burden of proof on this issue.  Rule 142(a).             
               To demonstrate that petitioner did not timely file her 1987            
          and 1988 returns, respondent introduced a Form 4340, Certificate            
          of Assessments and Payments, for both 1987 and 1988, indicating             




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