Walter E. Peterson - Page 6

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               Petitioner's filing status was married, filing separately in           
          1992.  Sec. 1(d).  Petitioner's wife filed a separate return in             
          which she itemized deductions.  Petitioner is not entitled to a             
          standard deduction because his spouse itemized deductions on her            
          return.  Sec. 63(c)(6)(A).  We sustain respondent's determination           
          that petitioner has a $23,768 income tax deficiency for 1992.               
          C.   Self-Employment Tax                                                    
               Respondent determined that petitioner is liable for self-              
          employment tax of $8,676, section 1401, and that he may deduct              
          self-employment tax of $4,338, section 164(f), for 1992.  We                
          sustain respondent's determination on this point.                           
          D.   Addition to Tax for Failure To File a Return                           
               Respondent determined that petitioner is liable for the                
          addition to tax for failure to file a return.  Sec. 6651(a).                
          Petitioner contends that he is not liable for this addition to              
          tax because he is an individual and not a person, and he was not            
          involved in excisable activity.                                             
               Section 6651(a)(1) imposes an addition to tax of up to 25              
          percent for failure to timely file Federal income tax returns               
          unless the taxpayer shows that such failure was due to reasonable           
          cause and not willful neglect.  Petitioner did not file a Form              
          1040 for 1992.  A Form 1040 which discloses no information                  
          relating to a taxpayer's income is not a return within the                  
          meaning of section 6011.  Hatfield v. Commissioner, 68 T.C. 895             
          (1977); Cupp v. Commissioner, 65 T.C. 68, 79-80 (1975), affd.               




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