-8- Our finding in this regard has the following consequences. There is no duplication with respect to the rent expense deduction claimed on the Schedules C for the years 1993 and 1994. So much of respondent’s reduction of the $137,150 settlement payment as is attributable to a duplication for those years is rejected. With respect to 1995, we find that all but $6,000 of the $85,092 rent deduction claimed for that year has been duplicated in the rent deduction claimed for 1997. Therefore $79,000 of the $137,150 settlement payment is not allowable in 1997. Respondent imposed an addition to tax under section 6651(a)(1). Briefly stated, that section provides for an addition to tax if a return is not filed on or before the date that the return is due, unless the delay in filing is due to reasonable cause and not willful neglect. Petitioners’ 1997 return was received and filed by respondent on October 16, 1998. According to respondent’s records, that return was due to be filed on or before August 15, 1998. Petitioners do not dispute the date that respondent claims to have received their 1997 return; furthermore, they make no claim that imposition of the addition to tax is inappropriate because they had reasonable cause for their failure to file a timely return. Instead, they claim that their 1997 return was not filed late. According to petitioners, they had been grantedPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007