Laverne S. VanZant - Page 7




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          that a taxpayer shall be subject to an addition to tax for                  
          failure to file a timely return, unless it is shown that such               
          failure was due to reasonable cause and not willful neglect.                
          Respondent bears, and has met, the burden of production relating            
          to the section 6651(a)(1) addition to tax and has established               
          that petitioner failed to file her return on time.  Sec. 7491(c);           
          Higbee v. Commissioner, 116 T.C. 438, 446 (2001).  Petitioner               
          filed her 2002 return (i.e., which was due April 15, 2003) on               
          March 5, 2004, and has failed to establish, pursuant to section             
          6651(a)(1), that such untimely filing was due to reasonable cause           
          and not willful neglect.  Accordingly, we sustain respondent’s              
          determination.                                                              
               Contentions we have not addressed are irrelevant, moot, or             
          meritless.                                                                  
               To reflect the foregoing,                                              


                                                   Decision will be entered           
                                           under Rule 155.                            

















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