John Edward Kerrigan and Joan Marie Kerrigan - Page 15

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            a 9-day trip to Hawaii in March 1985.6  At trial, Mr. Kerrigan                             
            testified that this was a business trip for both him and Mrs.                              
            Kerrigan.  However, Mrs. Kerrigan did not record in her log the                            
            business purpose of the trip or any meetings she had there.                                
            Moreover, there was no testimony presented at trial indicating                             
            that Mrs. Kerrigan ever worked outside of suburban Maryland in                             
            1985.                                                                                      
                  Mr. Kerrigan also claimed a Schedule C travel and                                    
            entertainment expense deduction of $12,409.69.  Respondent                                 
            allowed a deduction of $5,296.  Mr. Kerrigan failed to                                     
            substantiate any deductions for travel and entertainment in                                
            excess of the amount already allowed by respondent.                                        

            Section 6651(a)                                                                            

                  Section 6651(a) imposes an addition to tax for failure to                            
            file a timely return.  Sec. 6651(a)(1).  Respondent's                                      
            determination is presumed correct, and petitioners bear the                                
            burden of proving otherwise.  Rule 142(a); Abramo v.                                       
            Commissioner, 78 T.C. 154, 163 (1982). Section 6651(a) provides                            
            an exception when the taxpayer's failure to file is due to                                 
            reasonable cause and not willful neglect.  Petitioners make no                             
            argument that there was reasonable cause for their nearly 3-year                           
            delay in filing.  Instead, they argue that no deficiency exists,                           


            6Petitioners did not allocate any portion of their travel                                  
            expenses as personal expenditures.                                                         



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