Donald Tobkin - Page 14

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          that he had overpaid through withholdings; his 1995 return showed           
          tax due of $27,982.  Finally, he did not establish depression as            
          reasonable cause.  See Farley v. Commissioner, T.C. Memo. 1993-31           
          (depression or emotional illness as a defense to the addition to            
          tax for delinquent filing does not apply unless the taxpayer                
          shows that he was incapable of exercising ordinary business care            
          and prudence during the period).  Petitioner has not shown that             
          his failure to file a timely return for 1995 was due to                     
          reasonable cause or did not result from willful neglect.                    
          Respondent is sustained on this issue.                                      
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   

                                                  Decision will be entered            
                                             under Rule 155.                          





















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