Stephen and Jane Marrin - Page 21

                                                                               - 21 -- 21 -                                                                               

                    and not willful neglect.  The taxpayer bears the burden of                                                                                            
                    proving both.  United States v. Boyle, 469 U.S. 241, 245 (1985).                                                                                      
                    A showing of reasonable cause requires that the taxpayer                                                                                              
                    demonstrate that he exercised ordinary business care and                                                                                              
                    prudence, but nevertheless was unable to file the return within                                                                                       
                    the prescribed time.  Sec. 301.6651-1(c)(1), Proced. & Admin.                                                                                         
                    Regs.; see also United States v. Boyle, supra at 246.                                                                                                 
                              Petitioner claims to have reasonable cause for failing to                                                                                   
                    timely file his 1989 and 1990 Federal income tax returns based                                                                                        
                    upon his belief that a return was not required because his                                                                                            
                    securities losses exceeded his income in such years.  The mere                                                                                        
                    fact that petitioner mistakenly believed he owed no tax does not                                                                                      
                    constitute reasonable cause for failure to file a return on or                                                                                        
                    before its due date.  Linseman v. Commissioner, 82 T.C. 514, 523                                                                                      
                    (1984).  Moreover, there is no evidence that petitioner obtained                                                                                      
                    professional advice in forming his belief that he owed no tax.                                                                                        
                    Cf. Cohen v. Commissioner, T.C. Memo. 1996-546.                                                                                                       
                              Petitioner also argues that reasonable cause exists based                                                                                   
                    upon the fact that he was "depressed", although his testimony was                                                                                     
                    quite sketchy in this regard.  In order for such condition to                                                                                         
                    constitute reasonable cause, petitioner must show that his                                                                                            
                    depression incapacitated him to such a degree that he was unable                                                                                      
                    to file his returns.  Williams v. Commissioner, 16 T.C. 893, 906                                                                                      
                    (1951).  The fact that petitioner was functioning as a full-time                                                                                      





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011