- 12 - where the taxpayer did not show what documents were still needed or what actions were taken to obtain such documents). Petitioner attempts to shift the responsibility for the untimeliness of his return to his accountant. Again, we are not persuaded. First, reliance on one's accountant to file a timely return is not “reasonable cause” for a late filing under section 6651(a)(1). United States v. Boyle, supra at 252. Second, petitioner's accountant fully explained the delinquency penalty to petitioner before the due date of the 1987 return in an effort to obtain timely information from petitioner to prepare the return. Petitioner has failed to prove that his untimely filing was due to reasonable cause and not due to willful neglect. Thus, we sustain respondent's determination that petitioner is subject to the addition to tax under section 6651(a)(1). See Waitzkin v. Commissioner, T.C. Memo. 1992-216. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011