Malcolm Elwood McClain - Page 4




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          for all years; and (c) is liable for the addition to tax under              
          section 6651(a)(1) for failure to file timely without reasonable            
          cause for all years under consideration.                                    
                                     Background                                       
               The stipulation of facts and the exhibits received into                
          evidence are incorporated herein by reference.  At the time the             
          petition in this case was filed, petitioner resided in Colorado             
          Springs, Colorado.                                                          
               The parties agree that petitioner did not provide respondent           
          with Federal income tax returns for 1994, 1995, and 1997 until              
          after the notice of deficiency was issued.  Petitioner claimed on           
          the returns dependency exemption deductions for a number of                 
          individuals, including his son, his daughter, and for 1994 and              
          1995, an individual named Stacy Brown.  Petitioner’s son and                
          daughter were both over the age of 19 in 1994.  Neither was a               
          full-time student during the years 1995 through 1997.  Both of              
          his children filed tax returns for the years at issue claiming              
          personal exemptions for themselves.                                         
               In or around 1993, petitioner retired on disability from his           
          job in computer operations with Federal Express.  Petitioner                
          bought 5 acres of land, originally zoned as agricultural but                
          subsequently rezoned as rural/residential.  During the years                
          under consideration, petitioner lived on his property in a mobile           
          home, a 1976 Eaton Park double-wide.                                        







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