Robert Lee McWilliams - Page 15

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            1988 transaction and a purported physical illness warrants a finding that he              
            was not negligent.  We are unpersuaded.  On this record, we sustain                       
            respondent's determination that petitioner is liable for the additions to tax             
            under section 6653(a)(1)(A) and (B) for 1986 and 1987, and section 6653(a)(1)             
            for 1988.                                                                                 
            Issue 7. Addition to Tax--Failure to Timely File Tax Returns                              
                  Respondent has determined an addition to tax under section 6651(a) for              
            failure to file timely Federal income tax returns for the tax years 1986 and              
            1987.                                                                                     
                  In the case of a failure to file an income tax return within the time               
            prescribed by law, section 6651(a)(1) provides for an addition to tax in the              
            amount of 5 percent of the tax required to be shown on the return for each                
            month (or part thereof) during which such failure continues, but not to exceed            
            25 percent in the aggregate.  See sec. 301.6651-1(a)(1), Proced. & Admin.                 
            Regs.  The taxpayer is not liable for the addition to tax if the failure to               
            file is due to reasonable cause and not due to willful neglect.  Sec.                     
            6651(a)(1); Rule 142(a); United States v. Boyle, 469 U.S. 241, 245 (1985);                
            Stovall v. Commissioner, 762 F.2d 891, 895 (11th Cir. 1985), affg. T.C. Memo.             
            1983-450.                                                                                 
                  Petitioner's calendar year tax return for 1986 was due on or before                 
            April 15, 1987, and his calendar year tax return for 1987 was due on or before            
            April 15, 1988.  Sec. 6072(a).  The tax return for 1986 was filed on or after             
            August 1, 1987, and the tax return for 1987 was filed on or after August 22,              
            1988.                                                                                     
                  Petitioner has presented no evidence that the time for filing either of             
            the returns was properly extended.  Secs. 6081(a), 6651(a)(1); sec. 1.6081-               
            1(b), Income Tax Regs.  Furthermore, petitioner has not presented evidence as             
            to the reason the returns were filed late.                                                







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