Diana T. Visco - Page 16




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          determination is in error.  Petitioner also stipulated that she             
          received $15 of interest in 1992.  We sustain respondent’s                  
          determination regarding these items.                                        
          Section 6651(a)(1) Addition to Tax                                          
               The final issue is whether petitioner is liable for the                
          addition to tax under section 6651(a)(1) for 1992.  Petitioner              
          contends that she did not have enough information to file a                 
          return because she could not verify that part of the income                 
          reflected on her 1992 Form W-2 represented backpay and interest             
          on the backpay rather than an unauthorized withdrawal from her              
          retirement fund.                                                            
               It is well settled that in order to avoid the addition to              
          tax prescribed by section 6651(a), petitioner bears the burden of           
          proving both (1) that the failure did not result from “willful              
          neglect,” and (2) that the failure was “due to reasonable cause.”           
          Sec. 6651(a)(1); United States v. Boyle, 469 U.S. 241, 245                  
          (1985).  “Willful neglect” denotes “a conscious, intentional                
          failure or reckless indifference.”  United States v. Boyle, supra           
          at 245.  “Reasonable cause” correlates to “ordinary business care           
          and prudence”.  Id. at 246 n.4; sec. 301.6651-1(c)(1), Proced. &            
          Admin. Regs.                                                                
               Petitioner was aware of her need to file a return but                  
          questioned the information on the Form W-2 that she received from           
          the district.  Petitioner contacted the district but was unable             





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