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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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