Irvin Heard, Jr. - Page 20

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          trial that he believed his fellowship award was excludable from             
          income and that he was not required to file returns for those               
          years.  Petitioner claimed in his testimony that he based his               
          belief on the advice of an unnamed IRS employee whom petitioner             
          contacted shortly after he received a notice in his student                 
          mailbox at Drexel that there had been a change in the law                   
          regarding the taxability of scholarships and fellowships.  Even             
          assuming arguendo that petitioner did contact an IRS employee               
          while he was attending Drexel, any advice he received at that               
          time would not exculpate him from his failure to file a tax                 
          return for 1990 after his transfer to CUNY and subsequent request           
          for a 1-year extension of his MARC fellowship had been granted.             
          Accordingly, we sustain respondent's determination that                     
          petitioner is liable for the addition to tax under section                  
          6651(a) for 1990.                                                           
               Respondent also determined an addition to tax against                  
          petitioner under section 6654(a) for failure to make timely                 

               7(...continued)                                                        
          notices of deficiency, respondent determined that petitioner's              
          filing status was "single".                                                 
               We will not, as a general rule, consider an issue raised for           
          the first time at trial since it has not been properly pleaded.             
          See Estate of Mandels v. Commissioner, 64 T.C. 61, 73 (1975).               
          Additionally, we note that the documents attached to petitioner's           
          posttrial brief were not introduced at trial and therefore are              
          not part of the record in this case.  Rule 143(b).  Consequently,           
          even if petitioner's filing status were an issue before us, we              
          would nevertheless find that petitioner has not established that            
          he is eligible to file as "head of household" during the years in           
          issue.                                                                      




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