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experienced and successful businessman who was aware of his
duties to file timely his returns and to pay timely any tax
liability reflected in those returns. Petitioner’s inability to
receive a refund or a credit of his 1995 overpayment resulted
solely from his choice to file his 1995 return late on March 13,
2000. See sec. 6511(b)(2)(A). Contrary to the contention of
petitioner, that late filing and the barring of a refund or a
credit of his 1995 overpayment are not controlled by the holding
in Commissioner v. Lundy, 516 U.S. 235 (1996). Petitioner was
granted an extension of time until August 15, 1996, within which
to file his 1995 return. He chose not to file that return until
March 13, 2000. Petitioner was barred from receiving a credit or
a refund of his 1995 overpayment because he filed his return for
1995 on March 13, 2000. See sec. 6511(b)(2)(A).
Moreover, the record establishes that petitioner made no
effort to determine timely his tax obligations for the year 1996
and for the years 1993 through 1995 and 1997 through 1999.
Although he was well aware of his duty to file timely his returns
for those years and to pay timely any liability reflected in such
returns, he did not file his returns for 1993 through 1997 until
February and March 2000, and as of the date of the trial in this
case he still had not filed his returns for 1998 and 1999.
Petitioner’s only explanation for these failures was that he was
“too busy” and that he believed that he had paid any tax liabil-
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