Steven Bruce Huntley - Page 10

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          information to the Court.  He did not.  For all of the foregoing            
          reasons, we conclude that petitioner is not entitled to a                   
          deduction in the amount of $1,320 for a theft loss.3                        
          Section 6651(a)(1) Addition to Tax                                          
               As of the time of trial, petitioner had not filed his 2000             
          Federal income tax return.  Petitioner testified that he gave his           
          2000 return to a U.S. Postal Service employee at the 30th Street            
          Post Office Station in Philadelphia, Pennsylvania, on the evening           
          of April 15, 2001.  Respondent’s records, however, indicate that            
          petitioner requested an extension to file until August 15, 2001,            
          and to date, petitioner has not filed his return.                           
               On the instant record, we find that petitioner has failed to           
          satisfy his burden of proving that his failure to file timely his           
          return for 2000 was due to reasonable cause and not willful                 
          neglect.  Sec. 6651(a).  Accordingly, we sustain respondent's               
          determination imposing the addition to tax under section                    
          6651(a)(1) for taxable year 2000.                                           






          3  Even if we did allow the petitioner a theft loss                         
          deduction of $1,320, petitioner’s standard deduction for 2000               
          would be greater than the loss allowed.  Accordingly, it is of no           
          tax consequence to petitioner that we sustain respondent on this            
          issue.                                                                      






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