Paul I. Yoshihara, Laura L. Yoshihara, and Krista A. Yoshihara - Page 16




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               Section 6651(a) imposes an addition to tax for failure to              
          timely file a return, unless the taxpayer establishes:  (1) The             
          failure did not result from willful neglect; and (2) the failure            
          was due to reasonable cause.  See United States v. Boyle, 469               
          U.S. 241, 245-246 (1985).  Petitioners bear the burden of proof             
          on this issue.  See Rule 142(a); Baldwin v. Commissioner, 84 T.C.           
          859, 870 (1985).  Petitioners failed to prove reasonable cause              
          for their failure to file.  Accordingly, the addition to tax for            
          failure to file returns under section 6651(a) is sustained.                 
          Issue 4.  Failure To Pay Estimated Income Tax                               
               Respondent determined that petitioners were liable for the             
          addition to tax under section 6654(a) for failure to pay                    
          estimated tax for 1992, 1993, 1994, and 1995.  Where payments of            
          tax, either through withholding or by making estimated quarterly            
          tax payments during the course of the year, do not equal the                
          percentage of total liability required under the statute,                   
          imposition of the addition to tax under section 6654(a) is                  
          automatic, unless petitioners show that one of the statutory                
          exceptions applies.  See Niedringhaus v. Commissioner, 99 T.C.              
          202, 222 (1992); Habersham-Bey v. Commissioner, 78 T.C. 304, 319-           
          320 (1982); Grosshandler v. Commissioner, 75 T.C. 1, 20-21                  
          (1980).  Petitioners have provided no evidence at trial or                  
          argument on brief that any of these exceptions apply.  We                   
          therefore sustain respondent on this issue.                                 





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