Steven R. Goins - Page 9

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          him as a nonemployee instead of an employee.  He was confused as            
          to why Carolina Acoustical did not issue him a Form W-2 when he             
          worked for the company.                                                     
               We do not find petitioner's testimony regarding his failure            
          to file persuasive.  Petitioner received Forms W-2 from both                
          Marion Tile, Inc. and Brisson Flooring, Inc., which together paid           
          petitioner almost $5,500 in income.  At the very least,                     
          petitioner knew this $5,500 was reportable income.  Furthermore,            
          petitioner was advised by officials at the IRS that he was to               
          file his return using the Form 1099.  Petitioner has failed to              
          show he had reasonable cause for his failure to file a Federal              
          income tax return for 1989, and is liable for the section                   
          6651(a)(1) addition to tax as determined by respondent.                     
          III. Section 6654 Addition to Tax                                           
               Section 6654 provides for an addition to tax when there is             
          an underpayment of estimated tax.  This addition to tax is                  
          mandatory and automatic, subject to certain exceptions provided             
          by section 6654(e).  Grosshandler v. Commissioner, 75 T.C. 1                
          (1980).  Petitioner failed to offer any evidence that he fits               
          within any of the listed exceptions.  Respondent's determination            
          that petitioner is liable for the section 6654 addition to tax is           
          sustained.2                                                                 

               2Respondent has taken into account the $884.89 withheld by             
          Marion Tile, Inc. and Brisson Flooring, Inc. in computing the               
                                                             (continued...)           




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