- 9 -
Accordingly, petitioner is not entitled to a short term capital
loss in 1988.
Section 6651
Section 6651(a)(1) imposes an addition to tax for failure to
timely file a tax return unless it is shown that such failure was
due to reasonable cause and not willful neglect. It is
petitioner's burden to show that he filed his return timely or
that reasonable cause existed for his failure to timely file his
return. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933);
Haden v. Commissioner, T.C. Memo. 1986-539; Carlin v.
Commissioner, T.C. Memo. 1981-694.
Petitioner did not file his return until 1992 because of
personal problems which he did not describe. There is no
evidence that petitioner's failure to file his return was due to
reasonable cause and not willful neglect. Accordingly, we
sustain respondent on this issue.
Decision will be
entered for respondent.
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