James H. Jordan - Page 7

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          taxpayer was confined to hospitals for severe mental illness),              
          affd. without published opinion 70 F.3d 637 (D.C. Cir. 1995);               
          Jones v. Commissioner, T.C. Memo. 1988-542 (reasonable cause                
          found where taxpayer was disabled for 42 weeks of the year);                
          Harris v. Commissioner, T.C. Memo. 1969-49 (reasonable cause                
          found where taxpayer’s activities were severely restricted, and             
          taxpayer was in and out of hospitals due to various severe                  
          medical ailments including stroke, paralysis, heart attack,                 
          bladder trouble, and breast cancer); Hayes v. Commissioner, T.C.            
          Memo. 1967-80 (reasonable cause found where two children were               
          seriously ill with pneumonia, taxpayer wife suffered a ruptured             
          appendix requiring an emergency operation, taxpayer husband                 
          suffered a mental and physical collapse requiring hospitalization           
          and to be wheelchair-bound); Estate of Kirchner v. Commissioner,            
          46 B.T.A. 578, 585 (1942) (reasonable cause found where estate’s            
          executrix was confined to bed with a stroke, suffered from                  
          diabetes, developed gangrene in her leg, and had little to no               
          knowledge of business affairs).                                             
               On the other hand, a taxpayer generally does not have                  
          reasonable cause for his or her failure to timely file a return             
          where the taxpayer’s illness does not prevent the taxpayer from             
          filing his or her return.  See, e.g, Judge v. Commissioner, 88              
          T.C. 1175 (1987) (no reasonable cause found where taxpayer had a            
          long history of delinquent filing of returns and taxpayer was               
          actively involved in preparing and executing business-related               
          documents despite illness during years at issue); Williams v.               





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