Russell W. Coulton - Page 9

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          was not making an honest and reasonable attempt to comply with              
          the tax law.  Instead, these arguments indicate that petitioner             
          is challenging the tax laws and tax system in general.  Courts              
          unfailingly characterize these arguments as meritless.  See,                
          e.g., Crain v. Commissioner, 737 F.2d 1417, 1418 (5th Cir. 1984);           
          Funk v. Commissioner, 123 T.C. 213, 217 (2004).                             
               Petitioner did not make an honest and genuine endeavor to              
          satisfy the law and therefore did not file a return for purposes            
          of section 6651.  See Cabirac v. Commissioner, supra; Halcott v.            
          Commissioner, supra.                                                        
               We therefore find that petitioner failed to file a return              
          for 2001.  We now address whether petitioner’s failure to file              
          was due to reasonable cause and not to willful neglect.                     
          II.  Whether Petitioner’s Failure To File a Return Was Due to               
               Reasonable Cause and Not to Willful Neglect                            
               As previously discussed, petitioner has the burden to show             
          that his failure to file was due to reasonable cause and not to             
          willful neglect.  Higbee v. Commissioner, 116 T.C. at 446.  To              
          prove reasonable cause, petitioner must demonstrate that he                 
          exercised ordinary business care and prudence but nevertheless              
          was unable to file the return within the specified time.  See               
          United States v. Boyle, 469 U.S. 241, 245 (1985); sec. 301.6651-            
          1(c)(1), Proced. & Admin. Regs.  Willful neglect means a                    
          “conscious, intentional failure or reckless indifference”.                  
          United States v. Boyle, supra at 245.                                       







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