Randal W. Howard - Page 7




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          evidence to carry the burden of proof regarding the increased               
          deficiency for 1993.                                                        
          Additions to Tax                                                            
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a required return on or before the specified filing date.              
          The addition to tax is 5 percent of the amount required to be               
          shown as tax on the return and an additional 5 percent is imposed           
          for each additional month or fraction thereof during which the              
          failure continues, but not to exceed 25 percent in the aggregate.           
          See sec. 6651(a)(1).  This addition to tax may be avoided only if           
          petitioner can show that his failure to file was due to                     
          reasonable cause and not willful neglect.  See Rule 142(a);                 
          United States v. Boyle, 469 U.S. 241, 245-246 (1985).                       
               The Form 1040 that petitioner submitted for 1993 was invalid           
          because it was not signed under penalties of perjury.  See sec.             
          6065; Beard v. Commissioner, supra at 777; see also Richardson v.           
          Commissioner, supra at 824.  Petitioner did not file or submit              
          any returns for 1994 or 1995.  There is no evidence in the record           
          to support a finding that petitioner’s failure to file returns              
          for 1993, 1994, and 1995, was due to reasonable cause and not               
          willful neglect.  We hold that the addition to tax under section            
          6651(a)(1) applies for the years in issue.  We also hold that the           
          increased addition to tax in the amount of $1,458 applies for               
          1993 because, as previously stated, respondent has established              






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