Kevin R. Johnston - Page 44




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          claimed expenses, petitioner is simply not entitled to deduct               
          them.                                                                       
               However, petitioner has also claimed a deduction for $726 in           
          pager expenses.  After having examined the checks, we are                   
          convinced that such amount was in fact spent on pager services,             
          and that under the circumstances of this case, this expense was             
          more likely than not a business expense.  We therefore conclude             
          petitioner is entitled to deduct it.                                        
               We hold that other than this amount (and the deductions                
          conceded by respondent), petitioner is not entitled to any of the           
          additional deductions claimed.                                              
          V.  Additions to Tax                                                        
               Section 6651(a)(1) imposes an addition to tax for the                  
          failure to file an income tax return within the time prescribed             
          by law, unless it is shown that the failure is due to reasonable            
          cause and not to willful neglect.  The taxpayer bears the burden            
          of showing that reasonable cause exists.  See Rule 142(a); United           
          States v. Boyle, 469 U.S. 241, 245 (1985).                                  
               Petitioner did not file a return for 1993, and there is no             
          evidence he had reasonable cause for this failure.  Accordingly,            
          petitioner is liable for the maximum 25-percent addition for                
          failure to file, applied to the amount of the deficiency as                 
          redetermined in accordance with this opinion.                               







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