Carl J.D. Bauman and Margaret A. Bauman - Page 33

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          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 that                




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