Michel L. Dixon - Page 10




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          respondent determined that petitioner was liable for a $100                 
          addition to tax under section 6651(a).                                      
               Petitioner explained that he did not file his return on time           
          because he believed that he was due a refund.  Petitioner's                 
          erroneous belief that he was due a refund does not constitute               
          reasonable cause for the failure to file a timely Federal income            
          tax return.  See Krieger v. Commissioner, T.C. Memo. 1993-347,              
          affd. without published opinion 64 F.3d 657 (4th Cir. 1995).                
          Because petitioner has not demonstrated that his failure to file            
          a timely 1993 Federal income tax return was due to reasonable               
          cause and not due to willful neglect, he is liable for the                  
          addition to tax under section 6651(a)(1) as determined by                   
          respondent.                                                                 
               To reflect the foregoing,                                              
                                                 Decision will be                    
                                             entered for respondent.                  



















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