Ronald McDougle - Page 6




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          on that advice must be reasonable.  See United States v. Boyle,             
          supra at 250; see also Bowman v. Commissioner, T.C. Memo. 1993-             
          88.  By the very nature of the advice given, petitioner's                   
          reliance on that advice was not reasonable.  See Bowman v.                  
          Commissioner, supra; see also Sanders v. Commissioner, T.C. Memo.           
          1997-452 ("While petitioner may have honestly believed that she             
          did not have to file tax returns, that belief was not                       
          reasonable.").  Petitioner has not established that his failure             
          to file timely returns was due to a reasonable cause.                       
          Accordingly, we sustain respondent's determinations on this                 
          issue.                                                                      
               Respondent determined an addition to tax under section                 
          6654(a) for underpayment of individual estimated tax.  Petitioner           
          failed to pay estimated tax during the years in issue, and he has           
          offered no evidence to show that he qualifies for one of the                
          exceptions provided in section 6654(e).  Thus, respondent's                 
          determinations on this issue are sustained.                                 
               The Tax Court is authorized under section 6673(a)(1) to                
          require a taxpayer to pay to the United States a penalty not in             
          excess of $25,000 when it appears to the Court that the                     
          taxpayer's position in the proceeding is frivolous or groundless.           
               Petitioner's position, based on stale and meritless                    
          contentions, is manifestly frivolous and groundless, and his                
          action has resulted in the waste of limited judicial and                    





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