Anthony Martinez II - Page 9

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               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a timely return unless it is shown that such failure was due           
          to reasonable cause and not due to willful neglect.  Petitioner             
          bears the burden of proving that his failure to file a timely               
          return was reasonable.  Rule 142(a); Larsen v. Commissioner, 765            
          F.2d 939, 941 (9th Cir. 1985).                                              
               Petitioner did not request an extension of time to file                
          either his 1990 or 1991 Federal income tax return, and both                 
          returns were filed after the due date.  His 1990 return was                 
          signed on January 15, 1992 (i.e., 9 months after the due date)              
          and received by respondent on February 14, 1992.  His 1991 return           
          was signed on April 27, 1992 (i.e., 12 days after the due date)             
          and received by respondent on April 29, 1992.  Petitioner did not           
          argue that his failure to file timely returns was reasonable.               
               Therefore, we conclude that petitioner is liable for                   
          additions to tax pursuant to section 6651(a)(1).                            


          IV.  Accuracy-Related Penalties Under Section 6662(a)                       
               Section 6662(a) imposes an accuracy-related penalty of 20              
          percent of any underpayment attributable to negligence or                   
          disregard of rules or regulations.  Negligence is defined as the            
          failure to exercise the care that a reasonable and ordinarily               
          prudent person would exercise under the circumstances.  Allen v.            







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