- 8 -
because petitioner husband was incapacitated by a back injury and
subsequent surgery. Further, in late 1992, petitioners sold
their home and were forced to store their records, as well as
other belongings, while they lived temporarily with petitioner
husband's parents. Finally, in late 1992 or early 1993,
petitioner husband terminated the lease on his office space and
had all of his books and records placed in storage. Petitioners
contend that their books and records, both business and personal,
were inaccessible.
Petitioner husband's back injury occurred in 1992, and he
underwent surgery in early 1993. Petitioner husband had made
sufficient recovery by August 1993 to make a 2-1/2-week cross-
country drive by automobile. Moreover, petitioner wife was not
physically incapacitated during any of this period. Petitioners'
various books and records were placed in storage anywhere from
late 1992 to early 1993. The original due date of petitioners'
1993 return was not until April 15, 1994, and petitioners
received an additional 6-month extension for the filing of their
return. The Court is satisfied that, despite their apparent
setbacks, petitioners were afforded an ample amount of time to
assemble their books and records and complete their 1993 return.
The evidence is insufficient to show that petitioners' failure to
timely file a Federal income tax return for 1993 was due to
reasonable cause and not due to willful neglect. Petitioners,
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011