21
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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