James W. Harris and Dorthy R. Harris - Page 12

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          that they did not.  According to petitioners, respondent's                  
          analysis is flawed because the estimated living expenses used               
          therein to calculate the purported understatement were much                 
          greater than their actual living expenses.                                  
               We agree with petitioners that respondent's determination on           
          this issue is wrong, but we do so mainly for different reasons.             
          Respondent's determination is based erroneously on the assumption           
          that petitioners paid all $63,297 of the expenses which they                
          deducted for Harris Enterprises.  As we have held above, however,           
          petitioners did not pay the amounts claimed for advertising                 
          ($5,275), gravel parking lot ($2,900), and water well replacement           
          ($6,500).  When these nonpayments are factored into respondent's            
          analysis, the understatement drops to a mere $2,339 ($17,014 -              
          $14,675).  Seeing further that respondent's analysis failed to              
          give proper regard to the fact that petitioners were financially            
          handicapped during the relevant years, we believe that it is                
          reasonable to conclude that petitioners spent $2,339 less in cash           
          expenditures than the amount that was set forth in respondent's             
          analysis.  We hold for petitioners on this issue.                           
          4.  Additions to Tax/Accuracy-Related Penalty                               
               Respondent determined an addition to tax under section                 
          6651(a), asserting that petitioners failed to file timely a 1992            
          Federal income tax return, and that they did not show that their            
          failure was due to reasonable cause.  In order to avoid this                
          addition to tax, petitioners must prove that their failure to               
          file was:  (1) Due to reasonable cause and (2) not due to willful           


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