Robert T. Schirle - Page 30

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          establish that an extension was not filed for 1991.  Petitioner,            
          however, bears the burden of proof on the issue.  Rule 142(a).              
               Petitioner further contends that his return preparer                   
          informed him that an extension to file his 1991 return had been             
          obtained through October 15, 1992.  Therefore, he argues that his           
          failure to file a timely return was due to reasonable cause.                
          Reliance on such erroneous advice from a tax preparer is not                
          reasonable cause.  United States v. Boyle, supra at 247-248.                
          Moreover, petitioner is an attorney and should have known of his            
          obligation to file a timely return.  Thus, “when there is no                
          question that a return must be filed, the taxpayer has a                    
          personal, nondelegable duty to file the tax return when due.”               
          United States v. Kroll, 547 F.2d 393, 396 (7th Cir. 1977).  The             
          addition to tax pursuant to section 6651(a)(1) is sustained.                
               To reflect the foregoing,                                              
                                                       Decision will be               
                                                  entered under Rule 155.             

















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