Alan L. Levitt - Page 21




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         Respondent conceded that petitioner substantiated the full                   
         subscription expense.                                                        
              Petitioner provided vague testimony as to the bank service              
         charge, and he did not submit any other evidence regarding the               
         deduction.  Petitioner failed to provide the Court with evidence             
         sufficient to establish a rational basis upon which an estimate              
         can be made.  Petitioner is entitled to deduct other expenses of             
         $137.                                                                        
              D.  Addition to Tax                                                     
              Respondent determined that petitioner is liable for the                 
         addition to tax under section 6651(a) for failure to file a                  
         timely return for the 1994 taxable year.                                     
              Section 6651(a)(1) provides for an addition to tax for                  
         failure to file a timely return.  The addition to tax is equal to            
         5 percent of the amount required to be shown as tax on the                   
         return, with an additional 5 percent for each additional month or            
         fraction thereof that the return is filed late, not exceeding 25             
         percent in the aggregate.                                                    
              A taxpayer may avoid the addition to tax by establishing                
         that the failure to file a timely return was due to reasonable               
         cause and not willful neglect.  Rule 142(a); United States v.                
         Boyle, 469 U.S. 241, 245-246 (1985); Higbee v. Commissioner, 116             
         T.C. 438 (2001).  A failure to file is due to "reasonable cause"             
         if the taxpayer exercised ordinary business care and prudence and            






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