Jack J. Kramer - Page 31

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            (return form without information with which to calculate a tax                                
            liability, containing approximately 60 references to "Object Self                             
            Incrimination" is not a tax return).                                                          
                  A taxpayer who fails to file a return bears the burden of                               
            showing that:  (1) His failure to file did not result from                                    
            "willful neglect"; and (2) he had reasonable cause for failure to                             
            file the return.  Sec. 6651(a)(1); United States v. Boyle, 469                                
            U.S. 241, 245 (1985).  United States v. Boyle, supra at 245-246,                              
            defines willful neglect as "a conscious, intentional failure or                               
            reckless indifference."  Whether petitioner's filing of the                                   
            "tentative return" sufficiently rebuts the presumption of "a                                  
            conscious, intentional failure" is a question of fact on which                                
            petitioner presented no evidence.                                                             
                  Petitioner must also show, by a preponderance of the                                    
            evidence, that he had reasonable cause to fail to file a return,                              
            a question determined in the "instant circumstances".  Id. at                                 
            246-247.  Petitioner presented no evidence on this point beyond                               
            submitting the "tentative return" as an exhibit, perhaps in an                                
            attempt to allow us to draw an inference that his uncertainty                                 
            regarding the outcome of an ongoing criminal investigation                                    
            constituted reasonable cause not to file a return.  Any argument                              
            along that line must fail.  Pending criminal investigations do                                
            not excuse a failure to file a return, United States v. Sullivan,                             
            274 U.S. 259 (1927); United States v. Malquist, 791 F.2d 1399                                 






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