- 30 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
Last modified: May 25, 2011