William M. Hawkins and Laura C. Hawkins - Page 11

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          with reference to checking account information from 1992 must be            
          eliminated from respondent’s computation.                                   
          Depreciation Deductions                                                     
               Petitioners have failed to offer any evidence to contradict            
          respondent’s partial disallowance of their depreciation                     
          deductions.  Petitioner suggested he had depreciation schedules             
          that would support the allowance of those deductions and was                
          given ample time following trial to provide these schedules, but            
          he failed to do so.  Respondent is sustained on this issue.                 
          Charitable Contribution Deductions                                          
               Respondent disallowed the charitable contribution deduction            
          petitioners claimed for each year in issue.  The revenue agent              
          testified that she did not question those deductions during the             
          examination of petitioners’ returns.  Furthermore, the deductions           
          were taken into account in respondent’s cash T-account analysis.            
          On the basis of petitioner’s testimony, we find that petitioners            
          are entitled to the charitable contribution deductions as claimed           
          on their returns.                                                           
          Section 6651 Addition to Tax                                                
               The failure to file a timely Federal income tax return                 
          results in a mandatory addition to tax unless the taxpayer shows            
          that the failure was due to reasonable cause and not due to                 
          willful neglect.  Sec. 6651(a).  The taxpayer bears the heavy               
          burden of proving both of these elements.  United States v.                 






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