Otelio S. Randall - Page 8

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          find that excuse for petitioner's failure to file timely his 1991           
          and 1992 returns to be reasonable cause for purposes of section             
          6651(a)(1).6                                                                
               Based on our review of the entire record in this case, we              
          find that petitioner has not satisfied his burden of proving that           
          his failure to file timely his 1991 and 1992 returns was due to             
          reasonable cause and not due to willful neglect.  See United                
          States v. Boyle, supra; Estate of Vriniotis v. Commissioner,                
          supra.  Accordingly, we find that petitioner is liable for the              
          additions to tax under section 6651(a)(1) for 1991 and 1992.7               
               To reflect the foregoing and the concessions of the parties,           


                                                  Decision will be entered            
                                             under Rule 155.                          








          5(...continued)                                                             
          to file a return and yet will not be liable for the addition to             
          tax under sec. 6651(a)(1).  We disagree.                                    
          6  Moreover, contrary to the suggestion of petitioner, on the               
          instant record, we find that he had adequate time within which to           
          obtain duplicate copies of, or otherwise to reconstruct, contrac-           
          tor receipts relating to his wife's catering activities.                    
          7  The amounts of such additions to tax, which must take into               
          account the concessions of the parties on other issues, shall be            
          determined by the parties in the Rule 155 computation.                      




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