Maintenance, Painting & Construction, Inc. - Page 10

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          of no use to petitioner after May 31, 1995, and was abandoned by            
          it in 1997.  In fact, by petitioner’s count, almost all of its              
          vehicles were not used by it after that date and were abandoned             
          in 1997.  Given that petitioner makes no claim that it abandoned            
          any vehicle purchased after May 31, 1995, that the record does              
          not persuade us that petitioner in fact purchased any vehicles              
          after that date, and that approximately 40 percent of                       
          petitioner’s work on the contract remained to be performed after            
          May 31, 1997, we decline to accept petitioner’s implication that            
          it finished its work on the contract with virtually no vehicles.            
          We sustain respondent’s determination as to the deficiency.4                
          3.  Addition to Tax                                                         
               Section 6651(a)(1) imposes an addition to tax for failing to           
          file a return on or before the due date unless it is shown that             
          this failure is due to reasonable cause and not due to willful              
          neglect.  Reasonable cause may exist if a taxpayer exercised                
          ordinary business care and prudence and was nonetheless unable to           
          file the return within the date prescribed by law.  Sec.                    
          301.6651-1(c)(1), Proced. & Admin. Regs.  Willful neglect means a           


          4 In so doing, we also note that Laxton testified that he                   
          ascertained in the fall of 1997 the equipment that would be left            
          in California.  This being so, petitioner’s claimed loss on the             
          abandonment of that equipment was not deductible by it for the              
          subject year.  CRST, Inc. v. Commissioner, 92 T.C. 1249 (1989)              
          (taxpayer that alleged an intent to abandon asset in a year was             
          precluded from deducting an abandonment loss for that year                  
          because it did not show that it actually abandoned the asset in             
          that year), affd. 909 F.2d 1146 (8th Cir. 1990).                            




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