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