Walter Raymond Wilkerson and Susan Gee Wilkerson - Page 4

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          farming income, on Schedules F of their 1988 and 1989 Federal               
          income tax returns.  Petitioners failed to report $9,793.70 and             
          $2,941.20 of the diverted refund checks on petitioners' 1988 and            
          1989 income tax returns, respectively.  Respondent correctly                
          disallowed $13,367.60 of cost of goods sold claimed by                      
          petitioners on Schedule F attached to their 1988 Federal income             
          tax return.  Petitioners, for 1989, failed to report taxable fee            
          income from clients totaling $16,322.  Petitioners did not fail             
          to report $750 in fee income from D & D Supply for 1989, as                 
          determined by respondent.                                                   
                                       OPINION                                        
               We first consider whether petitioners are liable for the               
          additions to tax under section 6651(a)(1) for their failure to              
          file Federal income tax returns for 1988 and 1989.  Section                 
          6651(a)(1) imposes an addition to tax for a taxpayer's failure to           
          file a timely return unless the taxpayer can establish that such            
          failure "is due to reasonable cause and not due to willful                  
          neglect".  The addition to tax is 5 percent of the amount                   
          required to be shown on the return for each month beyond the                
          return's due date, not to exceed 25 percent.  Sec. 6651(a)(1).              
               Petitioners must show that their failure to timely file                
          Federal income tax returns for 1988 and 1989 was due to                     
          reasonable cause and not due to willful neglect.  Rule 142(a);              
          United States v. Boyle, 469 U.S. 241, 245 (1985).  The parties              





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