- 6 -
and was nonetheless unable to file a return within the prescribed
time. United States v. Boyle, supra at 246. The addition to tax
equals 5 percent of the tax required to be shown on the return
for the first month with an additional 5 percent for each
additional month or fraction of a month during which the failure
to file continues, not to exceed a maximum of 25 percent. Sec.
6651(a)(1).
Petitioner stated that he did not feel that he should be
called upon to pay a penalty because as far as he was concerned
his income was zero, aside from his interest and dividends.
Petitioner's belief that he did not owe any tax does not
constitute reasonable cause under section 6651(a)(1), especially
considering the fact that petitioner is a former attorney.
Krieger v. Commissioner, T.C. Memo. 1993-347, affd. without
published opinion 64 F.3d 657 (4th Cir. 1995). We find that
petitioner has failed to show that his failure to timely file his
returns was not due to willful neglect or that such failure was
due to reasonable cause. Therefore, we hold that petitioner is
liable for the section 6651(a)(1) additions to tax.
The third issue for decision is whether petitioner is liable
for the section 6654(a) additions to tax for failure to make
estimated income tax payments for 1991, 1992, and 1993.
Unless the taxpayer demonstrates that one of the statutory
exceptions applies, imposition of this addition to tax is
mandatory where prepayments of tax, either through withholding or
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