Estate of Bonnie J. Liston Harden, Deceased, David J. Kotler, Executor - Page 17

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          it is shown that the failure is due to reasonable cause and not             
          due to willful neglect.  A failure to file in a timely manner is            
          due to "reasonable cause" if the taxpayer exercised "ordinary               
          business care and prudence" and was nevertheless unable to file             
          the return within the time prescribed.  United States v. Boyle,             
          469 U.S. 241, 245 (1985); sec. 301.6651-1(c)(1), Proced. & Admin.           
          Regs.  The burden of proof is on the taxpayer.  Rule 142(a);                
          Ehrlich v. Commissioner, 31 T.C. 536, 540 (1958).                           
               Petitioner claims that its failure to file its return in a             
          timely manner was due to reasonable cause in that respondent                
          failed to stamp on petitioner's first extension request that                
          further extensions would be available only in limited                       
          circumstances.  David, however, was an accountant.  He was                  
          experienced and knowledgeable in tax matters.  Further,                     
          petitioner knew that the second extension request had to be                 
          approved by respondent and that, if it were not approved, a                 
          return would have to be filed immediately.  Whether respondent              
          informed petitioner of the likelihood that a second extension               
          would be granted is not determinative.  Petitioner simply failed            
          to meet the deadline for filing under the first extension.                  
          Consequently, petitioner's contention is without merit, and                 
          petitioner is liable for the section 6651 addition to tax.                  
               We have considered petitioner's other arguments and found              
          them to be without merit.                                                   






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