Stephen P. and Sharon L. Sherwood - Page 5

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          return, up to 25 percent in the aggregate.  The addition to tax             
          is imposed on the net amount due, calculated by reducing the                
          amount required to be shown as tax on the return by any part of             
          the tax which is paid on or before the date prescribed for                  
          payment of the tax.  Sec. 6651(b)(1).  The flush language of                
          section 6651(a) provides that in the case of a failure to file              
          within 60 days of the date prescribed for the filing of such                
          return, unless it is shown that such failure is due to reasonable           
          cause and not due to willful neglect, the addition to tax under             
          section 6651(a)(1) shall not be less than the lesser of $100 or             
          100 percent of the amount required to be shown as tax on such               
          return.  See Patronik-Holder v. Commissioner, 100 T.C. 374, 379-            
          381 (1993).                                                                 
               Petitioners bear the burden of proving that respondent's               
          determinations that they were negligent are incorrect.  Rule                
          142(a); Cluck v. Commissioner, 105 T.C. 324, 339 (1995).                    
          Petitioners' 1991 Federal income tax returns were due on April              
          15, 1992.  Sec. 6072(a); sec. 1.6072-1(a), Income Tax Regs.                 
          Respondent contends that petitioners' submission of Forms 1040-NR           
          constituted a filing of their 1991 Federal income tax returns on            
          July 18, 1992.  Petitioners have not offered any evidence to show           
          that their delay in filing their 1991 return was due to                     
          reasonable cause rather than their willful neglect.  Accordingly,           
          respondent's determinations that petitioners are each liable for            
          a $100 addition to tax under section 6651(a)(1) are sustained.              




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