- 234 - to file the required tax return within the prescribed time. United States v. Boyle, 469 U.S. 241, 246 (1985); Crocker v. Commissioner, 92 T.C. 899, 913 (1989); sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Alternatively, a taxpayer can establish reasonable cause by showing reasonable reliance on an accountant's or attorney's advice that filing a return was not necessary, even when such advice turned out to have been mistaken. United States v. Boyle, supra at 250. Willful neglect has been defined as a conscious, intentional failure or reckless indifference to timely filing a return. Id. The questions of whether petitioners have acted with "reasonable cause" and not "willful neglect" are questions of fact, and petitioners have the burden of proof. Rule 142(a); Lee v. Commissioner, 227 F.2d 181, 184 (5th Cir. 1955), affg. a Memorandum Opinion of this Court. It is undisputed that (1) LTD did not file corporate income tax returns for taxable years ended June 30, 1987 through 1989, (2) LTD did not file withholding tax returns for calendar years 1984 through 1989, and (3) INC did not file withholding tax returns for calendar years 1987 through 1989. We have held that LTD is liable for corporate income tax for taxable years ended June 30, 1987 through 1989, that LTD is liable as a withholding agent for withholding tax on the dividend it paid to its shareholders in calendar years 1985 and 1986, and that INC is not liable as a withholding agent for withholding tax. Consequently, we must decide whether LTD's failure to file corporate income tax returns for taxable years ended June 30, 1987 through 1989 andPage: Previous 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 Next
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