- 44 - 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.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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