- 38 - 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 ofPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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