William Lenihan - Page 29

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          before November 2003.  Although he testified that he timely filed           
          his return for 2000 in March of 2001, petitioner offered no                 
          certified mail receipt or other evidence to corroborate his                 
          testimony.  The parties have stipulated to “a true and complete             
          copy of the tax return submitted by petitioner to respondent for            
          * * * 2000.”  The joint exhibit containing that return, which we            
          have referred to as the Nov. 10 return, includes a copy of the              
          front of the wrapper in which the return was mailed to the IRS.             
          The wrapper bears what appears to be a postmark date of November            
          6, 2003.  The return itself bears a stamp indicating that the IRS           
          received the return on November 10, 2003.  Moreover, respondent’s           
          records indicate that no return for 2000 was filed for petitioner           
          until November 10, 2003, when the Nov. 10 return was filed as an            
          amended return.  We have found that petitioner did not mail the             
          Nov. 10 return before November 2003.                                        
               Petitioner must establish reasonable cause in order to                 
          prevail as to the portion of the addition to tax for which he               
          bears the burden of proof.  Petitioner has failed to present any            
          persuasive evidence establishing that his failure to file that              
          return timely was due to reasonable cause and was not due to                
          willful neglect.  Respondent, in turn, also has failed to                   
          introduce any evidence establishing the contrary; i.e., that                
          petitioner’s failure to file timely was not due to reasonable               
          cause or was due to willful neglect.  We sustain respondent’s               






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