Melton R. Boone and Geraldine R. Boone - Page 8

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            However, he presented no evidence suggesting that he was so ill                             
            during those years that he was unable to file a return.  To the                             
            contrary, petitioner was regularly employed by the city of                                  
            Pembroke Pines and worked as an income tax return preparer during                           
            the years 1985 through 1987.  He even stated at trial that he was                           
            physically able to file a return during those years in issue.                               
            While we are sympathetic to petitioner's physical condition                                 
            during the years 1985 through 1987, we are unable to find that he                           
            was so ill that he could not file a return.  Consequently, we                               
            hold that petitioners have not shown they had reasonable cause                              
            for failing to file their Federal income tax returns in a timely                            
            manner.                                                                                     
                  Having found that petitioners did not file timely Federal                             
            income tax returns for 1985 through 1987, and that there was no                             
            reasonable cause for their failure to do so, it follows that they                           
            are liable for the additions to tax under section 6651(a)(1).                               
            Therefore, it is not necessary to decide whether their failure                              
            was due to willful neglect.  United States v. Boyle, 469 U.S. at                            
            245.                                                                                        
                  To reflect the foregoing,                                                             


                                                                   Decision will be                     
                                                       entered under Rule 155.                          








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