Randal W. Howard - Page 6




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          or reckless indifference.”  United States v. Boyle, 469 U.S. 241,           
          245 (1985).                                                                 
               Petitioner’s 1996 Federal income tax return was due on April           
          15, 1997.  Petitioner did not file his 1996 Federal income tax              
          return and offered no explanation for his failure to file his               
          return.  Petitioner failed to show that he exercised ordinary               
          care and prudence in this case.  Accordingly, petitioner is                 
          liable for the addition to tax under section 6651(a)(1) as                  
          determined in the notice of deficiency.                                     
               Respondent also determined that petitioner is liable for an            
          addition to tax pursuant to section 6654 for failure to pay                 
          estimated tax.  If the payments of tax through withholding or the           
          payment of estimated quarterly tax payments during the course of            
          the year are not equal to the statutorily required amount then              
          imposition of this addition is automatic, unless one of the                 
          statutory exceptions applies to the taxpayer.  Sec. 6654(e);                
          Grosshandler v. Commissioner, 75 T.C. 1, 20-21 (1980).  We have             
          jurisdiction to review this determination because the taxpayer              
          did not file a return for 1996.  Sec. 6665(b)(2); Meyer v.                  
          Commissioner, 97 T.C. 555, 562 (1991).  Petitioner offered no               
          evidence and made no argument on this issue.  We conclude that              
          petitioner is liable for the addition to tax for failure to pay             
          estimated tax under section 6654 for 1996.  Respondent is                   
          sustained on this issue.                                                    
               We now turn to respondent’s motion for damages under section           





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