Tim H. Cusick - Page 13

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          $2,181.16, respectively.  In addition, petitioner substantiated             
          $59,242.08 of mortgage interest for 208 Oak Street and is                   
          therefore entitled to deduct $29,621.04.                                    
               For 310 Oak Street, petitioner substantiated $81,914.95 of             
          mortgage interest and $2,057.24 in property taxes and is entitled           
          to deduct $40,957.48 and $1,028.62, respectively.                           
          Issue 2.  Addition to Tax Under Section 6651(a)                             
               Respondent determined an addition to tax under section                 
          6651(a) for delinquent filing of a return.                                  
               Section 6651(a) provides that if a taxpayer fails to file a            
          return by its due date, including extensions of time for filing,            
          there shall be an addition to tax equal to 5 percent of the tax             
          required to be shown on the return for each month the failure to            
          file continues, not to exceed 25 percent.  The addition to tax              
          under section 6651(a) shall not apply, however, if the taxpayer             
          can show that the failure to timely file the return was due to              
          reasonable cause and not willful neglect.  Sec. 6651(a).                    
               Petitioner did not request an extension of time to file his            
          1992 Federal income tax return.  Petitioner was required to file            
          a 1992 Federal income tax return by April 15, 1993.  Secs. 6012,            
          6072.  Petitioner did not file his 1992 Federal income tax return           
          until March 28, 1997.                                                       
               Petitioner testified that he did not file his return until             
          that time because he could not get the information he needed to             





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