Carl Klein - Page 10




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          no doubt but that petitioner knew of his obligation to file                 
          returns and knew the dates on which they were due.  Moreover, he            
          knew that he had an unpaid tax liability.                                   
               In spite of the personal adversity he encountered,                     
          petitioner succeeded in generating substantial income for the               
          years at issue and apparently chose to spend this income to                 
          maintain an elevated lifestyle and to “assure his family needs              
          were met”9 as opposed to paying his taxes.  Petitioner is an                
          attorney and obviously knew he had an obligation to obey the tax            
          laws, including the obligation to file timely returns and pay the           
          taxes when due.  The obstacles petitioner describes simply do not           
          rise to a level amounting to reasonable cause.  After reviewing             
          the record and applying the de novo standard of review for all              
          years at issue, we hold that petitioner is liable for the                   
          additions to tax under section 6651(a)(1) and (2) for all of the            
          years at issue.                                                             
               Section 6654(a) imposes an addition to tax for failure to              
          pay estimated income tax where prepayments of such tax, either              
          through withholding or by making estimated quarterly tax payments           


               9In response to a question on Form 433-A, Collection                   
          Information Statement for Wage Earners and Self-Employed                    
          Individuals, requesting a list of “the dependents you can claim             
          on your tax return”, petitioner listed his son aged 24 and his              
          daughter aged 22, neither of whom lived with him.  Petitioner               
          signed and dated the Form 433-A on Oct. 25, 2004.  In                       
          petitioner’s 2003 tax return, dated Oct. 14, 2004, neither child            
          (or anyone else) had been claimed as a dependent.                           





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