Robert C. Davis, Jr. - Page 28

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          return for taxable year 2000, we reject petitioner’s uncorrobo-             
          rated and questionable testimony that on August 10, 2001, he                
          mailed petitioner’s Form 1040 for 2000 to respondent by deposit-            
          ing such form in a mailbox.11                                               
               Based upon our examination of the entire record before us,             
          we find that respondent has carried respondent’s burden of                  
          production under section 7491(c) with respect to the addition to            
          tax under section 6651(a)(1) that respondent determined in the              
          notice.                                                                     
               Petitioner introduced no evidence and advances no argument             
          that his failure to file a return for 2000 was due to reasonable            
          cause, and not willful neglect.                                             
               Based upon our examination of the entire record before us,             
          we find that petitioner has failed to carry his burden of showing           
          that his failure to file a return for taxable year 2000 was due             
          to reasonable cause, and not willful neglect.  Based upon that              


               10(...continued)                                                       
          introduced respective Forms 3050, Certification of Lack of Record           
          (Forms 3050), for petitioner’s taxable years 1995 through 2000              
          and Ms. Davis’s taxable years 1995, 1996, 1998, 1999, and 2000.             
          Absent a showing of some irregularity in such Forms 3050, which             
          petitioner has not made, we may rely on such forms.  See, e.g.,             
          Davis v. Commissioner, 115 T.C. 35, 40-41 (2000).                           
               11It is noteworthy that petitioner, an attorney, was aware             
          of the importance of using certified mail in connection with                
          mailing important documents.  Indeed, petitioner sent the June 7,           
          2002 letter notifying State Auto of petitioner’s insurance claim            
          by certified mail, return receipt requested.                                




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