David H. Kilson, Jr. - Page 5

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          hardship”.  Although we sympathize with petitioner over his                 
          father’s ill health and the loss of his mother, a death in the              
          family some 9 months before the filing date generally does not              
          constitute reasonable cause for failing to file tax returns.  See           
          Hastings v. Commissioner, T.C. Memo. 1999-167; Radde v.                     
          Commissioner, T.C. Memo. 1997-490.                                          
               Additionally, the ability to continue performing daily                 
          business operations negates grief as a reasonable cause.  See               
          Dickerson v. Commissioner, T.C. Memo. 1990-577; Fambrough v.                
          Commissioner, T.C. Memo. 1990-104.  Despite petitioner’s grief,             
          he continued his employment as wagon master on the wagon train.             
          Also, petitioner filed returns for 1995 and 1997, irrespective of           
          the logistical difficulties he faced while traveling on the wagon           
          train.  We find that petitioner did not have reasonable cause for           
          the failure to file his 1996 return, and respondent’s                       
          determination as to the addition to tax under section 6651(a)(1)            
          is sustained.                                                               
          Addition to Tax Under Section 6654(a) for Failure To Pay                    
          Estimated Tax                                                               
               Section 6654(a) provides for an addition to tax “in the case           
          of any underpayment of estimated tax by an individual”.  This               
          addition to tax is mandatory unless petitioner shows that one of            
          the statutorily provided exceptions applies.  See sec. 6654(e);             
          Grosshandler v. Commissioner, 75 T.C. 1, 20-21 (1980).  There is            
          no exception for reasonable cause or lack of willful neglect.               





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