- 8 - or incurred during the taxable year. Although the bank statements may be taken as substantiation that bank charges were paid, petitioner did not offer any evidence that any part of the bank charges was ordinary and necessary business expenses. Petitioner's bank accounts appear to be personal in nature, and there is no indication that the accounts were used in a trade or business. We find that petitioner has not met his burden of proving that bank charges are proper deductions. Respondent also determined additions to tax under section 6651(a)(1) for petitioner's failure to file his 1987 through 1992 returns. Section 6651(a)(1) imposes an addition to tax of 5 percent of the amount of the tax due for each month a return is delinquent, up to a maximum of 25 percent. The addition to tax is not applicable if it is shown that such failure is due to reasonable cause and not willful neglect. Sec. 6651(a)(1); United States v. Boyle, 469 U.S. 241, 245 (1985). Petitioner has the burden of proving that his failure to file was due to reasonable cause and not willful neglect. Niedringhaus v. Commissioner, 99 T.C. 202, 220-221 (1992). Petitioner has failed to show that his failure to file returns for the taxable 1987 through 1992 was due to reasonable cause and not willful neglect. Petitioner is liable for the additions to tax under section 6651(a)(1) for the taxable years 1987 through 1992.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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