Douglas Ritter - Page 10

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          petitioner is not entitled to claim Mrs. Ritter as an exemption             
          for the 1991 taxable year.                                                  
               Mrs. Ritter testified that in 1991 two of their children               
          lived at home.  The oldest child attended high school.  We find             
          that petitioner has met his burden of proof and is entitled to              
          exemptions for his two children for the 1991 taxable year.                  
          Section 6651(a)(1) Addition to Tax                                          
               Petitioner, though he earned at least $18,680.70 in 1991,              
          did not file a Federal income tax return for 1991.  Section                 
          6651(a)(1) imposes an addition to tax for failure to file a                 
          Federal income tax return by its due date, determined with regard           
          to any extension of time for filing previously granted, unless              
          such failure was due to reasonable cause and not willful neglect.           
          Fischer v. Commissioner, 50 T.C. 164, 177 (1968).  Petitioner               
          bears the burden of showing reasonable cause.  Fischer v.                   
          Commissioner, supra.  Petitioner presented no credible evidence             
          as to why he failed to file a Federal income tax return for the             
          year in issue.  Accordingly, respondent's determination with                
          respect to the addition to tax under section 6651(a)(1) is                  
          sustained.                                                                  
               At trial, we strongly advised petitioner to file the                   
          required income tax returns.  We again warn petitioner that his             
          tax protester arguments, which we struck from his petition at a             
          motions' session hearing, are meritless.  Rowlee v. Commissioner,           
          80 T.C. 1111 (1983).  If petitioner persists in making such                 




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