- 31 - (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 1399Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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