- 17 - it is shown that the failure is due to reasonable cause and not due to willful neglect. A failure to file in a timely manner is due to "reasonable cause" if the taxpayer exercised "ordinary business care and prudence" and was nevertheless unable to file the return within the time prescribed. United States v. Boyle, 469 U.S. 241, 245 (1985); sec. 301.6651-1(c)(1), Proced. & Admin. Regs. The burden of proof is on the taxpayer. Rule 142(a); Ehrlich v. Commissioner, 31 T.C. 536, 540 (1958). Petitioner claims that its failure to file its return in a timely manner was due to reasonable cause in that respondent failed to stamp on petitioner's first extension request that further extensions would be available only in limited circumstances. David, however, was an accountant. He was experienced and knowledgeable in tax matters. Further, petitioner knew that the second extension request had to be approved by respondent and that, if it were not approved, a return would have to be filed immediately. Whether respondent informed petitioner of the likelihood that a second extension would be granted is not determinative. Petitioner simply failed to meet the deadline for filing under the first extension. Consequently, petitioner's contention is without merit, and petitioner is liable for the section 6651 addition to tax. We have considered petitioner's other arguments and found them to be without merit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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