- 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. UnitedPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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