Bruno and Francesca Tabbi - Page 42

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               While petitioners underreported some income and capital                
          loss, we are not convinced that it was due to fraud.  It appears            
          that the underreporting was due to careless bookkeeping and                 
          petitioners' difficult personal and financial circumstances,                
          which was negligent, but not fraudulent.                                    
               We conclude that respondent has not proven by clear and                
          convincing evidence that petitioner husband is liable for the               
          addition to tax for fraud under section 6653(b) for 1988 or                 
          the penalty for fraud under section 6663(a) for 1989.                       
          10. Additions to Tax                                                        
               a.   Late Filing                                                       
               Petitioners filed their 1987 and 1989 returns late.  A                 
          taxpayer is liable for an addition to tax of up to 25 percent for           
          failure to timely file a Federal income tax return unless the               
          taxpayer shows that the failure was due to reasonable cause and             
          not willful neglect.  Sec. 6651(a)(1).  Petitioner bears the                
          burden of proving that his failure to file a timely return is due           
          to reasonable cause and not willful neglect.  United States v.              
          Boyle, 469 U.S. 241, 245 (1985); Baldwin v. Commissioner, 84 T.C.           
          859, 870 (1985); Davis v. Commissioner, 81 T.C. 806, 820 (1983),            
          affd. without published opinion 767 F.2d 931 (9th Cir. 1985).  To           
          prove reasonable cause, a taxpayer must show that he exercised              
          ordinary business care and prudence but nevertheless could not              
          file the return when it was due.  Crocker v. Commissioner, 92               






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