Michael and Marla Sklar - Page 8




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          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., while                   





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