Stanley and Jean Cohen - Page 9

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               In United States v. Boyle, supra, the Supreme Court                    
          suggested that a taxpayer's reliance on professional advice that            
          there is no obligation to file would generally establish                    
          reasonable cause for purposes of section 6651.  Id. at 250-251.             
          On the other hand, the Court affirmed that the orderly operation            
          of our system of self-assessment depends on strict compliance               
          with known filing obligations.  Id. at 249.  Leuschner did not              
          advise petitioner that he need not file a return.  Petitioner is            
          a sophisticated businessman.  He exercises responsibility for the           
          tax compliance of partnerships and S corporations whose business            
          he manages.  He was aware of his obligation to file returns and             
          of the applicable deadlines.  The advice he received from                   
          Leuschner was that failure to comply with filing deadlines would            
          have no adverse consequences because he would have no tax to pay.           
          Leuschner also may have explained to petitioner that his                    
          recommendation was based in part on the concern that filing an              
          amended return would prompt an audit of the return.  The argument           
          that reliance on such advice constitutes reasonable cause for               
          delinquency has been rejected repeatedly by this Court and                  
          others.  Jackson v. Commissioner, 864 F.2d 1521, 1527-1528 (10th            
          Cir. 1989), affg. 86 T.C. 492, 538-539 (1986); Becker v.                    
          Commissioner, T.C. Memo. 1990-120; Estate of Smith v. United                
          States, 589 F. Supp. 836, 840 (E.D. La. 1984); cf. Lilley v.                
          Commissioner, T.C. Memo. 1989-602, affd. without published                  





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