- 56 - 1324, 1343 (1971), affd. without published opinion 496 F.2d 876 (5th Cir. 1974). A taxpayer is required to file timely based on the best information available and to file thereafter an amended return if necessary. Estate of Vriniotis v. Commissioner, 79 T.C. 298, 311 (1982). Petitioners did not show what, if any, efforts they made to obtain information concerning their income and expenses, nor did they compile the available information to prepare a reasonably accurate tax return. Under these circum- stances, we conclude that petitioners have not demonstrated that their failure to file timely their 1989 and 1990 returns was due to reasonable cause and not due to willful neglect. We therefore sustain respondent's determination imposing the addition to tax on petitioners for each of the years 1989 and 1990 for their failure to file timely returns for each of those years. Section 6662 Respondent determined that petitioners are liable for each of the years 1989 and 1990 for the accuracy-related penalty under section 6662(a) because their underpayment of tax for each of those years was due to negligence or disregard of rules or regu- lations. For purposes of section 6662(a), the term "negligence" includes any failure to make a reasonable attempt to comply with the Code, failure to exercise due care, or failure to do what a reasonable person would do under the circumstances. Sec. 6662(c); Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992), affg. T.C. Memo. 1991-179; Antonides v. Commissioner, 91Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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