Inez T. Morin - Page 9




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          her to exclude $100 from self-employment income as income from              
          services as a notary public.  The remaining $9,140 is subject to            
          self-employment tax under section 1401.  Petitioner is entitled             
          to the corresponding deduction under section 164(f) on all self-            
          employment tax imposed by section 1401.                                     
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a return on time.  The addition equals 5 percent for each              
          month that the return is late, not to exceed 25 percent.                    
          Additions to tax under section 6651(a)(1) are imposed unless the            
          taxpayer establishes that the failure was due to reasonable cause           
          and not willful neglect.  Section 7491(c) does not change the               
          taxpayer’s burden of proof in this respect.  Higbee v.                      
          Commissioner, 116 T.C. 438 (2001).  “Reasonable cause” requires a           
          taxpayer to demonstrate that she exercised ordinary business care           
          and prudence.  United States v. Boyle, 469 U.S. 241, 246 (1985).            
          Willful neglect is defined as a “conscious, intentional failure             
          or reckless indifference.”  Id. at 245.                                     
               Petitioner’s return was untimely filed on July 21, 1997,               
          even though it bore a signature date of April 13, 1997.                     
          Petitioner did not show reasonable cause why the return was not             
          timely filed.  A comparison of the signature date and the filing            
          date leads to the conclusion that the late filing was due to                
          willful neglect.  We conclude that petitioner is liable for an              







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