Melvin J. Laney and Carolyn A. Laney - Page 45

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                        THE COURT:  When, if at all, did you intend to                                
                  provide the Court with a copy of the return you claimed                             
                  to have filed on August 15, 1988?                                                   
                        THE WITNESS:  Your Honor, I will go to my records                             
                  and make a copy of that and bring that in tomorrow.  I                              
                  apologize for the confusion.  When we were audited and                              
                  that copy was first produced for the convenience of the                             
                  auditor and then apparently passed in the                                           
                  administrative file and on up, it now appears that we                               
                  should have provided a copy of the initial filing.  We                              
                  apologize for not doing that.                                                       
            Petitioners were given an opportunity to produce any retained                             
            copy, or other evidence, of an earlier filed 1987 tax return.                             
            They did not produce any such evidence.                                                   
                  We do not believe Laney’s testimony that petitioners sent to                        
            respondent a tax return for their 1987 liability together with                            
            their August 15, 1988, request for further extension.  We do not                          
            believe that petitioners sent to respondent any tax return for                            
            their 1987 liability before they sent the tax return with the May                         
            5, 1989, signature dates, which respondent filed on May 11, 1989.                         
            We have so found.                                                                         
                  Thus, petitioners’ tax return was filed almost 7 months                             
            after the October 17, 1988, extended due date.  Under section                             
            6651(a)(1), this results in an addition to tax of 25 percent of                           
            the amount of petitioners’ tax liability, “unless it is shown                             
            that such failure [to file timely] is due to reasonable cause and                         
            not due to willful neglect”.                                                              
                  Petitioners contend, and Laney testified, that they received                        
            from respondent a notice that their August 15, 1988, request for                          
            further extension was granted for “maximum time allowed”, and                             



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