Virginia A. Fox, et al. - Page 6




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          accuracy-related penalty for negligence under section 6662(a) for           
          1992 and 1993.  The Court of Appeals for the Ninth Circuit                  
          affirmed each of these holdings.  The rationale that we set forth           
          in the Prindle Intl. Mktg., UBO case to support our holdings                
          applies equally to this case.  Because petitioners have presented           
          no persuasive reason as to why we should not apply that rationale           
          here, we do so to sustain respondent’s determination as to the              
          commission income from Oxyfresh.  We also sustain each of                   
          respondent’s determinations as to the other income items.  We               
          have found as a fact that one or both of petitioners received               
          each of those items of income, and petitioners have failed to               
          prove that any of the related determinations are incorrect.4                
               As to respondent’s determinations under section 6651,                  
          petitioners are liable for those additions to tax unless they               
          prove that their failure to file Federal income tax returns                 
          timely was:  (1) Due to reasonable cause and (2) not due to                 
          willful neglect.  Sec. 6651(a)(1); Rule 142(a); United States v.            
          Boyle, 469 U.S. 241, 245 (1985).  A failure to file timely a                
          Federal income tax return is due to reasonable cause if the                 
          taxpayer exercised ordinary business care and prudence, and,                
          nevertheless, was unable to file his or her return within the               
          prescribed time.  Sec. 301.6651-1(c)(1), Proced. & Admin. Regs.             


               4 We note, however, that the record reveals that the Rule              
          155 computation must reflect the fact that the interest income of           
          $138 was received by petitioners jointly.                                   





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