- 15 - 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 sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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