Stephen D. Ruddel - Page 12

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          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.                  
















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