Alex B. Rhodes, Jr. - Page 5

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          v. Commissioner, 788 F.2d 1406, 1408 (9th Cir. 1986), affg.                    
          T.C. Memo. 1984-533; Kennelly v. Commissioner, 56 T.C. 936, 943                
          (1971), affd. 29 AFTR 2d 72-855, 72-1 USTC par. 9348 (2d Cir.                  
          1972).                                                                         
               Due to petitioner’s failure to request available                          
          reimbursement for his employee business expenses, petitioner is                
          not entitled to deduct them.  See Orvis v. Commissioner, supra at              
          1408; Kennelly v. Commissioner, supra at 943.                                  
               Petitioner is liable for the deficiencies in income tax                   
          determined by respondent for the years in issue.                               
               Petitioner’s argument that he failed to file Federal income               
          tax returns and to pay tax for the years in issue because of his               
          purported belief that wage and investment income does not                      
          constitute taxable income is frivolous.  Petitioner has offered                
          no credible evidence showing that his failure to file Federal                  
          income tax returns and to pay estimated tax was due to reasonable              
          cause.  We sustain respondent’s determination of the section                   
          6651(a)(1) addition to tax and the section 6654(a) addition to                 
          tax.                                                                           
               Under section 6651(a)(2), an addition to tax may be imposed               
          on a taxpayer for failure to pay any Federal income tax reflected              
          as due on a tax return.  Petitioner failed to file Federal income              
          tax returns for the years in issue, and respondent has not                     
          asserted that respondent prepared substitute tax returns for                   






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