- 26 - 380 F.2d 499, 506 (5th Cir. 1967), affg. in part and remanding in part 43 T.C. 168 (1964). The failure of taxpayers, without reasonable cause, to comply with the statutory duty to timely file returns, sec. 6072(a), violates that duty and is probative of negligence, Sullivan v. Commissioner, 985 F.2d 704, 706 (2d Cir. 1993), affg. in part and revg. in part on another issue T.C. Memo. 1991-492; Crocker v. Commissioner, 92 T.C. 899, 917 (1989); Emmons v. Commissioner, 92 T.C. 342, 349 (1989), affd. 898 F.2d 50 (5th Cir. 1990). Petitioners bear the burden of showing that they were not negligent. Rule 142(a); Goldman v. Commissioner, 39 F.3d 402, 407 (2d Cir. 1994), affg. T.C. Memo. 1993-480. Petitioners did not contend at trial or on brief that their actions in failing to timely file their returns were not negligent. For 1985, they are collaterally estopped from contending otherwise because of Mark's conviction under section 7203 for a willful failure to make a return. Kotmair v. Commissioner, 86 T.C. 1253, 1263 (1986). Petitioners have failed to show that their failure to file a tax return for any of the years in issue was not negligent. Petitioners are liable for additions to tax under section 6653(a) for each of the tax years in question. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Last modified: May 25, 2011