Chester J. Janas - Page 4

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            however, to offer any evidence (e.g., a police report or                                      
            insurance claim) to establish his contention.  Petitioner also                                
            contends that in 1994 two of his automobiles were stolen.  He has                             
            failed, however, to offer any evidence relating to their cost.                                
            In addition, he has failed to establish that the allegedly stolen                             
            automobiles were not compensated for by insurance.  We conclude                               
            that petitioner is not entitled to a casualty loss deduction and                              
            that respondent's deficiency determinations, adjusted for                                     
            concessions, are correct.                                                                     
                  Respondent determined that petitioner is liable, pursuant to                            
            section 6651(a)(1), for failure to file his 1993 and 1994 Federal                             
            income tax returns.  Section 6651 imposes an addition to tax for                              
            failure to file a tax return in a timely manner, unless such                                  
            failure was due to reasonable cause and not due to willful                                    
            neglect.  Petitioner has the burden of proving that he is not                                 
            liable for the additions to tax.  Rule 142(a); see Welch v.                                   
            Helvering, 290 U.S. 111, 115 (1933).  He contends that he filed                               
            his returns and, therefore, is not liable for the additions to                                
            tax.  The Internal Revenue Service has no record that it received                             
            such returns, and petitioner failed to present either copies of                               
            his returns or mailing receipts.  We conclude that petitioner has                             
            failed to establish that he filed his 1993 and 1994 returns.                                  
            Accordingly, he is liable for the section 6651(a)(1) additions to                             
            tax.                                                                                          





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