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The third issue is whether petitioner is liable for the
addition to tax under section 6651(a)(1) for failure to file a
timely return for 1995.
Section 6651(a)(1) provides for an addition to tax if a tax
return is not filed timely, unless the taxpayer establishes that
the failure to file did not result from willful neglect and that
the failure to file was due to reasonable cause. Willful neglect
has been construed to mean a conscious, intentional failure, or
reckless indifference. United States v. Boyle, 469 U.S. 241,
245-246 (1985). Reasonable cause generally requires a taxpayer
to demonstrate that he or she exercised ordinary business care or
prudence. Sec. 301.6651-1(c)(1), Proced. & Admin. Regs.
Petitioner’s 1995 tax return was signed on April 14, 1997,
and received by respondent on April 17, 1997. That return was
thus filed more than 1 year after its due date of April 15, 1996.
Petitioner presented no evidence of reasonable cause or the lack
of willful neglect for the late filing of his 1995 return.
Respondent is sustained on this issue.
The final issue is whether petitioner is liable for
accuracy-related penalties for the years 1994, 1995, and 1996.
Section 6662(a) provides for an accuracy-related penalty
equal to 20 percent of any portion of an underpayment of tax
required to be shown on the return that is attributable to the
taxpayer’s negligence or disregard of rules or regulations. Sec.
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