Michael E. Thibodeaux & Stephanie R. Thibodeaux, a.k.a. Stephanie R. Hearn - Page 12

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          petitioners claim that petitioner’s accountant is to blame for              
          their untimely return.                                                      
               A taxpayer has a personal and nondelegable duty to file a              
          timely return, and reliance on an accountant to file a return               
          does not provide reasonable cause for an untimely filing.  See              
          United States v. Boyle, supra at 249; Schirle v. Commissioner,              
          T.C. Memo. 1997-552.                                                        
               The evidence demonstrates that the joint return was deemed             
          filed more than 4 months beyond the date it was due.  Petitioners           
          have not established that the failure to file a timely return was           
          due to reasonable cause and not willful neglect.  See Higbee v.             
          Commissioner, 116 T.C. 438, 447 (2001).  Accordingly, we sustain            
          respondent’s imposition of the section 6651(a)(1) addition to               
          tax.                                                                        
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                                  Decision will be entered            
                                             for respondent.                          
















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