- 8 - deductions have been generally disallowed for payments made in exchange for educational benefits, regardless of faith. See Oppewal v. Commissioner, 468 F.2d 1000 (1st Cir. 1972), affg. T.C. Memo. 1971-273; Winters v. Commissioner, supra; DeJong v. Commissioner, supra. The taxpayers in those cases were similarly situated with petitioners, and petitioners have not established that they are similarly situated with the members of the Church of Scientology who make payments for auditing. Petitioners’ reliance on Hernandez and the concept of consistent interpretation and enforcement is rejected. We now turn to the question of whether petitioners are liable for the addition to tax for delinquency under section 6651(a)(1). Unless shown to be for reasonable cause and not due to willful neglect, failure to file a return on the due date generally results in an addition to tax of 5 percent for each month during which such failure continues, but not exceeding 25 percent in the aggregate. See sec. 6651(a)(1). Petitioners contend that petitioner Michael Sklar was simply too busy to timely file their tax return for 1994. After extensions, their tax return was due on October 15, 1995, but was not filed until November 16, 1995. Accordingly, in the notice of deficiency, respondent determined the delinquency addition to tax based on 10 percent of the deficiency. On the tax return, petitioner Michael Sklar is identified as a C.P.A., whilePage: Previous 1 2 3 4 5 6 7 8 9 Next
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