Michael Kevin Boltinghouse - Page 28




                                       - 28 -                                         
               Therefore, we find that respondent has carried his burden of           
          production and petitioner has failed to negate his liability.               
          Petitioner is liable for the addition to tax for failure to file            
          a return pursuant to section 6651(a)(1).                                    
          IV.  Conclusion                                                             
               On the record before us, we hold that petitioner failed to             
          meet his burden of proving entitlement to a dependency exemption            
          deduction for his daughter for 2003.  Furthermore, we find that             
          in addition to the itemized deductions respondent conceded,                 
          petitioner would be entitled to an additional $65 deduction for             
          medical and dental expenses.  However, our findings do not alter            
          respondent’s conclusion that petitioner is not entitled to                  
          itemized deductions in an amount greater than the standard                  
          deduction, and therefore we sustain his determination that                  
          petitioner is entitled only to the standard deduction.  Finally,            
          we find that petitioner has not demonstrated reasonable cause for           
          failing to file his 2003 tax return.  Therefore, we sustain the             
          imposition of an addition to tax under section 6651(a).                     
               In reaching our holdings, we have considered all the                   
          parties’ contentions, and to the extent that we have not                    
          addressed them, we conclude that they are irrelevant, moot, or              
          without merit.                                                              










Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next 

Last modified: November 10, 2007