Mark N. and Marla R. Kantor - Page 26

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            380 F.2d 499, 506 (5th Cir. 1967), affg. in part and remanding in                         
            part 43 T.C. 168 (1964).  The failure of taxpayers, without                               
            reasonable cause, to comply with the statutory duty to timely                             
            file returns, sec. 6072(a), violates that duty and is probative                           
            of negligence, Sullivan v. Commissioner, 985 F.2d 704, 706 (2d                            
            Cir. 1993), affg. in part and revg. in part on another issue T.C.                         
            Memo. 1991-492; Crocker v. Commissioner, 92 T.C. 899, 917 (1989);                         
            Emmons v. Commissioner, 92 T.C. 342, 349 (1989), affd. 898 F.2d                           
            50 (5th Cir. 1990).  Petitioners bear the burden of showing that                          
            they were not negligent.  Rule 142(a); Goldman v. Commissioner,                           
            39 F.3d 402, 407 (2d Cir. 1994), affg. T.C. Memo. 1993-480.                               
                  Petitioners did not contend at trial or on brief that their                         
            actions in failing to timely file their returns were not                                  
            negligent.  For 1985, they are collaterally estopped from                                 
            contending otherwise because of Mark's conviction under section                           
            7203 for a willful failure to make a return.  Kotmair v.                                  
            Commissioner, 86 T.C. 1253, 1263 (1986).  Petitioners have failed                         
            to show that their failure to file a tax return for any of the                            
            years in issue was not negligent.  Petitioners are liable for                             
            additions to tax under section 6653(a) for each of the tax years                          
            in question.                                                                              
                  To reflect the foregoing,                                                           


                                                     Decision will be entered under                   
                                               Rule 155.                                              




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