George H. and Evelyn G. Cooper - Page 9

                                                 - 9 -                                                   

            time their 1987 return was due to be filed, he and his wife were                             
            moving to England.  He stated that he turned over all of his                                 
            records to his return preparer for his use in preparing the 1987                             
            return.  Petitioner also testified that his return preparer told                             
            him that petitioners did not owe any taxes for their 1987 tax                                
            year.  The implication apparently intended by petitioner through                             
            his testimony regarding his return preparer appears to be that                               
            the filing delinquency was somehow the fault of the return                                   
            preparer, and not petitioners'.  Petitioner also testified that                              
            he did not recall telling the return preparer that he had earned                             
            any income from Con Tex, Inc. (the largest single source of                                  
            petitioners' income for 1987).                                                               
                  As a matter of fact, petitioners have presented no evidence                            
            that their return was actually prepared by someone other than                                
            themselves.  The return filed June 2, 1993, contains no signature                            
            other than those of petitioners and bears no indication that it                              
            was prepared by anyone other than them.  But assuming, for the                               
            sake of argument, that petitioners' return was prepared by                                   
            someone other than themselves, petitioners still have not met                                
            their burden of proof.  Reliance on another to timely file a                                 
            return is not reasonable cause for the delinquent filing of a                                
            return.  Taxpayers still have a duty to ascertain and meet the                               
            statutory deadline, which petitioners have not done.  United                                 







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