James Carlyle Maloney, Jr. - Page 5

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          filed the return timely or had reasonable cause and lacked                  
          willful neglect in not filing his return timely.  See United                
          States v. Boyle, 469 U.S. 241, 245 (1985); Jackson v.                       
          Commissioner, 864 F.2d 1521, 1527 (10th Cir. 1989), affg. 86 T.C.           
          492 (1986); Charlotte’s Office Boutique, Inc. v. Commissioner,              
          121 T.C. 89, 110 (2003); Higbee v. Commissioner, supra; Crocker             
          v. Commissioner, 92 T.C. 899, 912 (1989); Estate of Newton v.               
          Commissioner, T.C. Memo. 1990-208; sec. 301.6651-1(a)(2), Proced.           
          & Admin. Regs.                                                              
               Petitioner claims to have requested an automatic extension             
          to file his return for 2000 and to have filed the return on April           
          30, 2001.  Unable to find a copy of his return, however,                    
          petitioner produced a computer-generated copy of what he claims             
          is his return for 2000 that he had saved on his home computer.              
          Petitioner printed the return approximately 1 week before trial             
          and backdated it April 30, 2001.  Petitioner cannot otherwise               
          corroborate that he in fact filed his return for 2000.                      
               In the Sixth Circuit, in which this case is appealable, no             
          presumption is raised that a properly mailed return has been                
          received by the Internal Revenue Service unless the return was              
          sent by registered or certified mail.  Carroll v. Commissioner,             
          71 F.3d 1228, 1229-1230 (6th Cir. 1995) (“a taxpayer that sends a           
          document to the IRS by regular mail, as opposed to registered or            
          certified mail, does so at his peril”), affg. T.C. Memo. 1994-              






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