Umit Tarakci - Page 31




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          expense account report for Cilena.  Petitioner has not                      
          established that he was the owner of the rental equipment on this           
          date.  Further, petitioner has not argued that the advertising              
          expense was related to the consulting services or portable clean            
          room.  Therefore, petitioner has not proven entitlement to the              
          claimed deduction.                                                          
          IV. Addition to Tax                                                         
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a required return on or before the specified filing date.              
          The addition to tax is 5 percent of the amount required to be               
          shown as tax on the return and an additional 5 percent is imposed           
          for each additional month or fraction thereof during which the              
          failure continues, but not to exceed 25 percent in the aggregate.           
          See sec. 6651(a)(1).  This addition to tax may be avoided only if           
          petitioner can show that his failure to file was due to                     
          reasonable cause and not willful neglect.  See Rule 142(a);                 
          United States v. Boyle, 469 U.S. 241, 245-246 (1985).17                     
               Petitioner filed his 1993 tax return on June 30, 1995.                 
          Petitioner argues that the bankruptcy proceedings required him to           
          provide documents to the bankruptcy trustee which were necessary            
          for him to effectively file his tax return, and the trustee did             
          not return the documents to petitioner until the spring of 1995.            
          As a general matter, the unavailability of information or records           


               17See supra note 10.                                                   





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