Charles A. McGee - Page 30




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            H.  Additions to Tax and Penalties                                                         
                  Failure To File                                                                      
                  Section 6651(a)(1) provides for an addition to tax of 5                              
            percent of the tax required to be shown on the return for each                             
            month or fraction thereof for which there is a failure to file,                            
            not to exceed 25 percent.                                                                  
                  To avoid the additions to tax for filing late returns, a                             
            taxpayer must show (1) that the failure to file did not result                             
            from willful neglect, and (2) that the failure to file was due to                          
            reasonable cause.  See United States v. Boyle, 469 U.S. 241, 245                           
            (1985).  If the taxpayer does not meet his burden, the imposition                          
            of the addition to tax is mandatory.  See Heman v. Commissioner,                           
            32 T.C. 479 (1959), affd. 283 F.2d 227 (8th Cir. 1960).                                    
                  Petitioner failed to file returns for 1987 and 1988, and                             
            petitioner’s 1990 return was filed more than 4 months late, which                          
            would result in the imposition of the maximum 25-percent rate for                          
            1987, 1988, and 1990.  Petitioner stated that Mr. Perry handled                            
            the bank records and checks associated with his law practice but                           
            that Mr. Perry’s office burned down, and he died in either 1988                            
            or 1989.  Therefore, petitioner claims he had trouble                                      
            reconstructing the records.  Petitioner, however, failed to                                
            present any evidence that a fire destroyed petitioner’s records,                           
            preventing him from filing returns.  Accordingly, we view                                  
            petitioner’s testimony as self-serving and unconvincing and find                           






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