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that Cheyenne did not conduct any farming activities in 1989.
Petitioner has presented no evidence to explain or substantiate
the $11,503 loss. In the absence of any evidence substantiating
or explaining petitioner’s entitlement to the loss, respondent’s
determination disallowing the loss is upheld.
Issue 4: The Section 6651(a)(1) Addition to Tax
Section 6651(a)(1) imposes an addition to tax in the event a
taxpayer fails to timely file his tax return. The addition to
tax applies unless the taxpayer establishes that his failure to
file was due to reasonable cause and not willful neglect.
With extensions, petitioner’s 1989 personal Federal income
tax return was due on October 15, 1990. The parties stipulated
that the return was mailed on October 16, 1990; the return bears
a stamp indicating that the envelope was postmarked on that date.
At the trial, petitioner did not provide any explanation for his
delinquent filing. Petitioner’s brief included some vague
assertions about why the envelope was erroneously postmarked on
October 16, rather than October 15, but these assertions are not
supported by the record and they directly contradict a stipulated
fact.
Petitioner has failed to provide any evidence that the late
filing of his 1989 personal Federal income tax return was due to
reasonable cause and not willful neglect. We uphold respondent’s
determination that petitioner is liable for the section
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