- 5 - In this case, petitioner testified that she intended that the debt be repaid. Petitioner did not call Machuca as a witness and did not present any reliable evidence of Machuca's financial position in 1987. On the minimal evidence presented, and in view of the personal relationship between petitioner and Machuca, we cannot conclude that there is a bona fide, enforceable obligation to repay. See Caligiuri v. Commissioner, 549 F.2d 1155, 1157 (8th Cir. 1977), affg. T.C. Memo. 1975-319; Perry v. Commissioner, 92 T.C. 470, 481 (1989), affd. without published opinion 912 F.2d 1466 (5th Cir. 1990). As a result of petitioner's failure to prove the existence of a bona fide debt, we need not consider whether the "loans" became worthless in 1987. Petitioner is not entitled to any deductions with respect to the advances she made to Machuca; therefore, respondent's determination is sustained on this issue. Section 6651(a)(1) Addition to Tax Section 6651(a)(1) provides for an addition to tax in the case of the failure to file a timely return unless it is shown that such failure is due to reasonable cause and not due to willful neglect. Petitioner bears the burden of proving that respondent's determination on this issue is erroneous. Rule 142(a); Lee v. Commissioner, 227 F.2d 181, 184 (5th Cir. 1955), affg. a Memorandum Opinion of this Court dated July 31, 1953. At trial, petitioner testified that she did not timely file her 1987 Federal income tax return because she lacked the money to pay thePage: Previous 1 2 3 4 5 6 Next
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