- -8 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.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011