Manuel G. Lopez - Page 16




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            to increase the additions to tax under section 6651(a)(1) for                              
            each of the years in issue for failure to timely file, section                             
            6651(a)(2) for 1996 for failure to timely pay,6 and section                                
            6654(a) for 1995 and 1996 for failure to pay estimated income                              
            taxes.7                                                                                    
                  Section 6651(a)(1) provides for an addition to tax where a                           
            return is not timely filed “unless it is shown that such failure                           
            is due to reasonable cause and not due to willful neglect”.                                
            Similarly, section 6651(a)(2) provides for an addition to tax                              
            where payment of tax is not timely “unless it is shown that such                           
            failure is due to reasonable cause and not due to willful                                  
            neglect”.  On the other hand, section 6654(a) provides for an                              
            addition to tax “in the case of any underpayment of estimated tax                          
            by an individual”.  Section 6654 does not provide relief for                               
            reasonable cause.                                                                          
                  Respondent attached to the motion to dismiss for failure to                          
            properly prosecute a Form 3050 (Certification of Lack of Record)                           
            indicating that as of May 26, 2000, respondent did not have in                             
            his possession a Form 1040 (U.S. Individual Income Tax Return)                             
            for petitioner’s 1994, 1995, or 1996 taxable years.  Also                                  



                  6   Respondent concedes that petitioner is not liable for                            
            the additions to tax under sec. 6651(a)(2) for 1994 and 1995.                              
                  7  Respondent concedes that petitioner is not liable for an                          
            addition to tax under sec. 6654(a) for 1994.                                               






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