53- - Petitioners offer no explanation of their failure to file their 1991 return timely. Petitioners' allegation as to the unavailability of records does not establish reasonable cause for failure to file timely returns. Electric & Neon, Inc. v. Commissioner, 56 T.C. 1324, 1342-1344 (1971), affd. without published opinion sub nom. Jiminez v. Commissioner, 496 F.2d 876 (5th Cir. 1974). A taxpayer is required to file a timely return based on the best information available and to file an amended return thereafter if necessary. Estate of Vriniotis v. Commissioner, 79 T.C. 298, 311 (1982). In addition, a taxpayer is not excused from timely filing his income tax return merely because he is overworked. Crocker v. Commissioner, supra at 913; Dustin v. Commissioner, 53 T.C. 491, 507 (1969), affd. 467 F.2d 47 (9th Cir. 1972). Consequently, we hold that petitioners have not established that the failure to file timely 1990 and 1991 returns was due to reasonable cause, and that they are liable for the additions to tax under section 6651(a)(1). VII. Issue 12. Section 6662(a) Accuracy-Related Negligence Penalties Finally, respondent determined that petitioners are liable for accuracy-related penalties under section 6662(a) for 1990 and 1991. The accuracy-related penalty is equal to 20 percent of any portion of an underpayment attributable to a taxpayer'sPage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
Last modified: May 25, 2011