James E. Harrell - Page 8




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          (5th Cir. 1995).  Accordingly, we sustain respondent's                      
          disallowance of the deductions for the legal expenses and the               
          "claim of right" expenses.                                                  
               The itemized deductions substantiated by petitioner or                 
          allowed by the Court are less than the standard deduction for an            
          unmarried individual.  Sec. 63(c)(2)(C).  Consequently,                     
          petitioner is entitled to the standard deduction for his 1994 tax           
          year.                                                                       
               Respondent contends that petitioner is liable for an                   
          addition to tax pursuant to section 6651(a)(1).  Section                    
          6651(a)(1) imposes an addition to tax for failure to file a                 
          Federal income tax return by its due date, determined with regard           
          to any extension of time for filing previously granted.  The                
          addition equals 5 percent for each month that the return is late,           
          not to exceed 25 percent.  Sec. 6651(a)(1).  Additions to tax               
          under sections 6651(a)(1) are imposed unless the taxpayer                   
          establishes that the failure was due to reasonable cause and not            
          willful neglect.  Sec. 6651(a)(1).  The taxpayer must prove both            
          reasonable cause and a lack of willful neglect.  Crocker v.                 
          Commissioner, 92 T.C. 899, 912 (1989).  "Reasonable cause"                  
          requires the taxpayer to demonstrate that he exercised ordinary             
          business care and prudence.  United States v. Boyle, 469 U.S.               
          241, 246 (1985).  Willful neglect is defined as a "conscious,               







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