- 25 - this payment would not be taxable income; hence reasonable cause and not willful neglect. For these reasons, the respondent's determination should not be sustained. Thus, petitioner argues that his failure to file his 1993 return is due to "reasonable cause and not willful neglect". Sec. 6651(a)(1). Respondent argues that "petitioner failed to timely file an income tax return for the taxable year 1993 and presented no evidence disputing the assertion of the addition to tax." We find that petitioner's argument lacks merit. Petitioner admitted at trial that he received the lump-sum payment of $100,000 from the FBI and he owed tax on the payment. He testified as follows: THE COURT: * * * Do you admit that $100,000 is income? * * * THE WITNESS: I admit that was income. * * * * * * * * * * THE WITNESS: I know I owe taxes on it. But I figure a reasonable amount should be used for relocation of me. Thus, petitioner admittedly earned substantial taxable income during 1993, and he was required to file a return for that year. See sec. 6012(a). Petitioner's posttrial brief implies that he relied on the statements of unnamed FBI agents that the subject lump-Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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