Charles A. McGee - Page 31




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            that petitioner has not presented evidence that he had a                                   
            reasonable cause for not filing his 1987, 1988, and 1990 returns.                          
            Furthermore, petitioner has not shown that his failure to file                             
            was not due to willful neglect.  Accordingly, we sustain                                   
            respondent’s determination with respect to the section 6651(a)                             
            additions to tax.9                                                                         
                  Fraud                                                                                
                  Respondent determined that petitioner is liable for                                  
            additions to tax for fraud under sections 6653(b), 6651(f), and                            
            6663.  Respondent seeks to apply (1) the section 6653(b)(1)(A)                             
            and (B) additions to the 1987 adjustment for unreported gross                              
            receipts; (2) the section 6653(b)(1) addition to the 1988                                  
            adjustments for unreported gross receipts, unreported capital                              
            gains and unreported interest income; (3) the section 6651(f)                              
            addition for the 1989 fraudulent failure to file an income tax                             
            return;10 and (4) the section 6663 addition for the 1990                                   
            adjustments for unreported gross receipts, unreported capital                              
            gains, and unreported interest income.                                                     



                  9 Respondent concedes that no addition to tax under sec.                             
            6651 for the 1987 and 1988 tax years will be assessed with                                 
            respect to the portion of the underpayment that is attributable                            
            to fraud.  See sec. 6653(d).                                                               
                  10 Under sec. 6664(b), the civil fraud penalty of sec. 6663                          
            determined in the notice of deficiency does not apply because                              
            petitioner did not file a 1989 return.  Rather, the fraud                                  
            delinquency penalty of sec. 6651(f) applies.                                               





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