Fred Henry - Page 38




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          advice of Mr. Gargiulo that it was unnecessary to file a tax                 
          return for 1992.                                                             
               Even though we have found that it was not reasonable for                
          petitioner to rely on the advice of Mr. Gargiulo with respect to             
          his failure to file a 1992 tax return, we nonetheless find on the            
          record before us that that failure was due to reasonable cause               
          and not to willful neglect.  Although petitioner was aware of the            
          circumstances relating to du Pont's decision to make the 1992                
          assistance payment to him, he also knew that du Pont decided in              
          November 1992 to stop paying Benlate claims.  Du Pont's decision             
          to stop paying Benlate claims, coupled with the fact that du Pont            
          did not issue a Form 1099 to petitioner for 1992 with respect to             
          the $150,000 assistance payment, could have raised a reasonable              
          question in the mind of petitioner, who is not an expert in tax              
          matters, as to whether that payment was income for 1992.  On the             
          record before us, we find that petitioner's failure to file a tax            
          return for 1992 was due to reasonable cause and not to willful               
          neglect.  Accordingly, we hold that petitioner is not liable for             
          1992 for the addition to tax under section 6651(a)(1).                       
          The $1,623,203 Settlement Payment                                            
               Respondent determined that the settlement payment of                    
          $1,623,203 which petitioner received from du Pont during 1994 is             
          to be included in his gross income for that year.  It is pe-                 
          titioner's position that that payment constitutes an amount of               





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