- 33 - cause existed for the untimely filing. Paula Constr. Co. v. Commissioner, 58 T.C. 1055, 1061 (1972), affd. without published opinion 474 F.2d 1345 (5th Cir. 1973). In order to establish reasonable cause, petitioners must show that they exercised ordinary business care and prudence and were nevertheless unable to file the return by the prescribed date. Crocker v. Commissioner, 92 T.C. 899, 913 (1989); sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Petitioners advance three arguments with respect to this issue. First, petitioners argue that their failure to timely file their 1982 return was due to Bauman’s preoccupation with his father’s ailing health and that such preoccupation constitutes sufficient cause to excuse their untimely filing. Petitioners further argue that the late filing addition to tax should not be applied to them because their 1982 return was in fact filed prior to the expiration of the automatic 4-month extension period that they would have received had they filed an application for an extension of time to file. Finally, petitioners argue that the late filing addition to tax should not be applied to them because their explanation for the untimely filing was accepted by an agent for respondent when their 1982 return was being audited in 1983. Respondent, in contrast, contends that petitioners’ failure to timely file their 1982 return was not due to reasonable cause, but rather due to willful neglect. Respondent explains thatPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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