Marko Porter - Page 6

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          respect to the allowance of exemption deductions for the two                
          dependents as follows:                                                      
                    Under Code section 151(e) it says no exemptions                   
               shall be allowed under this section with respect to any                
               individual unless the taxpayer identification number of                
               such individual is included in the return claiming the                 
               exemption.  Our position is that without returns filed,                
               Mr. Porter doesn't get the benefit of claiming the                     
               exemptions.                                                            
               Although respondent's counsel accurately recited the current           
          rule of law provided in section 151(e), such rule was not                   
          effective during the taxable years in issue.  Small Business Job            
          Protection Act of 1996, Pub. L. 104-188, sec. 1615(d), 110 Stat.            
          1755, 1853.  Accordingly, we hold that petitioner is entitled to            
          dependency exemption deductions for his two sons for 1992, 1993,            
          1994.                                                                       
               The fourth issue for decision is whether petitioner is                 
          liable for the section 6651(a)(1) additions to tax for failure to           
          file his 1992, 1993, and 1994 returns.                                      
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file timely returns, unless the taxpayer establishes that such              
          failure is due to reasonable cause and not due to willful                   
          neglect.  "Reasonable cause" requires the taxpayer to demonstrate           
          that he exercised ordinary business care and prudence and was               
          nonetheless unable to file a return within the prescribed time.             
          United States v. Boyle, 469 U.S. 241, 245-246 (1985).  "Willful             
          neglect" means a conscious, intentional failure or reckless                 
          indifference.  Id. at 245.  The addition to tax equals 5 percent            




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