Elmer P. Scheckel - Page 8




                                        - 7 -                                         
          See sec. 6072(a).                                                           
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a timely return.4  The addition to tax may be avoided if the           
          failure to file is due to reasonable cause and not due to willful           
          neglect.  “Reasonable cause” contemplates that the taxpayer                 
          exercised ordinary business care and prudence and was nonetheless           
          unable to file a return within the prescribed time.  United                 
          States v. Boyle, 469 U.S. 241, 246 (1985); sec. 301.6651-1(c)(1),           
          Proced. & Admin. Regs.  “Willful neglect” means a conscious,                
          intentional failure or reckless indifference.  United States v.             
          Boyle, supra at 245.                                                        
               In the present case, petitioner failed to file income tax              
          returns for the years in issue.  Petitioner’s professed belief              
          that he is not a taxpayer within the scope of the Internal                  
          Revenue Code does not, as a matter of law, constitute reasonable            
          cause for petitioner’s failure to file.  See Rowlee v.                      
          Commissioner, 80 T.C. 1111, 1120 (1983) (rejecting taxpayer’s               
          claim that taxpayer is not a “person liable” for tax); Ebert v.             
          Commissioner, T.C. Memo. 1991-629 (rejecting taxpayer’s assertion           
          that there is no section of the Internal Revenue Code that makes            
          taxpayer liable for the taxes claimed), affd. without published             



               4  Sec. 6651(g)(1) provides that in the case of any return             
          made by the Commissioner under sec. 6020(b), such return shall be           
          disregarded for purposes of determining the amount of the                   
          addition to tax under sec. 6651(a)(1).                                      





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