Michael K. Jones - Page 7

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            the failure was "due to reasonable cause and not due to willful                            
            neglect".  Petitioner has not established that he filed a return                           
            or that the failure to file was due to reasonable cause.                                   
            Respondent's records indicate that petitioner did not file a                               
            return for the year at issue.  Petitioner acknowledges that some                           
            additional tax in excess of withholding would have been due, and                           
            he has not shown that any additional amount was paid.  Indeed,                             
            petitioner cannot recall preparing or mailing the return.                                  
            Petitioner had timely filed his Federal income tax returns for                             
            other years and knew that he was required to file a return.  It                            
            may be that petitioner was at the seminary during this time, and                           
            his mail service may not have been reliable.  Petitioner may not                           
            have actually received his Forms W-2 and 1099; however, the lack                           
            of records does not relieve a taxpayer from the obligation to                              
            file a return.  Electric & Neon, Inc. v. Commissioner, 56 T.C.                             
            1324, 1343 (1971), affd. without published opinion 496 F.2d 876                            
            (5th Cir. 1974).  We sustain respondent's determination on this                            
            issue.                                                                                     
                  Respondent also determined that petitioner was liable for an                         
            addition to tax pursuant to section 6654(a) for failure to pay                             
            estimated tax.  Under section 6654(d)(1)(B), individuals are                               
            generally required to pay in four equal installments during the                            
            year a "required annual payment" that equals the lesser of (i) 90                          
            percent of the tax shown or required to be shown on the return,                            
            or (ii) 100 percent of the tax shown on the individual's return                            




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