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petitioner has not proved that he is entitled to the earned
income credit.
Under section 24(a), a taxpayer is entitled to a child tax
credit for each qualifying child. A qualifying child is any
child of the taxpayer for whom the taxpayer is allowed a
deduction under section 151 and who is under the age of 17.
Sec. 24(c). We have found that petitioner’s son was 12 years
old during taxable year 2000 and that petitioner is allowed a
deduction under section 151. Accordingly, we hold that
petitioner has shown that he is entitled to a child tax credit
for his minor son for taxable year 2000.
Section 6651(a)(1) imposes an addition to tax for a failure
to file an income tax return. A taxpayer may be relieved of the
penalties, however, if he can demonstrate that the failure is due
to reasonable cause and not due to willful neglect. Higbee v.
Commissioner, supra at 446-447. Willful neglect means
intentional failure or reckless indifference. United States v.
Boyle, 469 U.S. 241, 245 (1985). Section 301.6651-1(c)(1),
Proced. & Admin. Regs., states that if a taxpayer exercises
ordinary business care and prudence and is nevertheless unable to
file on time, then the delay is due to reasonable cause.
Petitioner did not timely file his 2000 tax return because at the
time it was due he believed that the amounts paid to him by
Lauren’s Cycle Sales, Inc. were a nontaxable exchange of equal
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