Richard Alan Cronk - Page 9

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          taking into account the taxpayer’s experience, he was unaware of            
          the necessity for the election.  Sec. 301.9100-3(b)(1)(iii),                
          Proced. & Admin. Regs.  In this case, although petitioner was not           
          aware of the bonds until 2001, he did not act until he received             
          the notice of deficiency on December 15, 2003, almost 3 years               
          later.  Petitioner is an accountant employed as a finance manager           
          who could reasonably be expected to know of the necessity for the           
          election.  Consequently, petitioner would not have been entitled            
          to an extension to make the election under section 454(a).  The             
          Court holds, therefore, that the interest on the redeemed bonds             
          constituted income to petitioner, as owner of the bonds, and                
          petitioner is not entitled to the election under section 454(a).            
          Respondent is sustained on this issue.  Apkin v. Commissioner,              
          supra.                                                                      
               Respondent determined that petitioner’s Federal income tax             
          return for 2001 was not filed timely, and that he is liable for             
          the addition to tax under section 6651(a)(1).  The parties                  
          stipulated that petitioner’s 2001 return was mailed on April 17,            
          2002, and was received by the IRS on April 23, 2002.  The                   
          addition to tax under section 6651(a)(1) is imposed where there             
          is failure to file a timely tax return, unless it is shown that             
          the failure to timely file is due to reasonable cause and not due           
          to willful neglect.  Under section 6072(a), calendar year                   
          taxpayers, such as petitioner, are required to file their income            





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