Jane B. Oliver and Robert P. Oliver - Page 53

                                         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's                     





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