John M. Schaefer - Page 21

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          estate's NOL for 1991 or the amount of any NOL carryover to which           
          he succeeded at the termination of the bankruptcy.  See Leavell             
          v. Commissioner, T.C. Memo. 1996-117.  We sustain respondent's              
          determination.                                                              
          F.   Addition to Tax and Penalty                                            
               1.   Whether Petitioner Is Liable for the Addition to Tax              
                    Under Section 6651(a)(1) for Failure To Timely File               
               Respondent determined that petitioner is liable for                    
          additions to tax under section 6651(a)(1) for 1991 and 1992.                
               A taxpayer is liable for an addition to tax of up to 25                
          percent for failure to timely file Federal income tax returns               
          unless the taxpayer shows that the failure was due to reasonable            
          cause and not willful neglect.  Sec. 6651(a)(1).  Petitioner                
          bears the burden of proving that the failure is due to reasonable           
          cause and not willful neglect.  United States v. Boyle, 469 U.S.            
          241, 245 (1985).  To prove reasonable cause, a taxpayer must show           
          that he exercised ordinary business care and prudence but                   
          nevertheless could not timely file the return.  Crocker v.                  
          Commissioner, 92 T.C. 899, 913 (1989); sec. 301.6651-1(c)(1),               
          Proced. & Admin. Regs.                                                      













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