Stephen D. Ruddel - Page 10

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          in the silver market.  The record also shows that Mr. Crowl would           
          share the profits in the event that the investment proved                   
          profitable.  Thus, it appears to us that petitioner and Mr. Crowl           
          transacted business for the purposes of investing in the silver             
          market and that no debtor-creditor relationship existed between             
          them.  Nor has petitioner established that any debt owed him by             
          Mr. Crowl became worthless during the year in issue.  We find for           
          respondent on this issue.                                                   
          4.  Delinquency Penalty                                                     
               Respondent determined that petitioner is liable for an                 
          addition to tax under section 6651(a)(1).  Respondent determined            
          that petitioner failed to file timely his 1987 Federal income tax           
          return, and that he failed to show that his delinquency was due             
          to reasonable cause.                                                        
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a tax return on time.  The addition to tax imposed under               
          section 6651(a)(1) does not apply if petitioner can prove that              
          his failure to file was:  (1) Due to reasonable cause, and                  
          (2) not due to willful neglect.  Sec. 6651(a); United States v.             
          Boyle, 469 U.S. 241, 245 (1985); In re Stanford, 979 F.2d 1511,             
          1512 (11th Cir. 1992).  A failure to file timely a Federal income           
          tax return is due to reasonable cause if the taxpayer exercised             
          ordinary business care and prudence, and nevertheless, was unable           
          to file the return within the prescribed time.  In re Stanford,             
          supra at 1514; sec. 301.6651-1(c)(1), Proced. & Admin. Regs.                




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