Thomas W. Boozer - Page 4

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          245-246 (1985).  "Reasonable cause" requires the taxpayer to                
          demonstrate that the taxpayer exercised ordinary business care              
          and prudence and was nevertheless unable to file a return within            
          the prescribed time.  Id. at 246; sec. 301.6651-1(c)(1), Proced.            
          & Admin. Regs.                                                              
               Petitioner has not shown that he exercised reasonable care             
          with regard to his failure to file returns.  He has simply argued           
          that he believed he had no duty to file a tax return in the                 
          absence of a court order.  This alleged belief was based on                 
          discussions petitioner had with other laypersons, not on any                
          advice received from tax professionals.                                     
               Assuming that petitioner is truthful about his belief, it              
          does not constitute reasonable cause under section 6651(a)(1).              
          It was not bolstered by advice from a competent tax professional            
          who had been informed of all the relevant facts.  Yale Ave. Corp.           
          v. Commissioner, 58 T.C. 1062, 1076-1077 (1972); Stevens Bros.              
          Found., Inc. v. Commissioner, 39 T.C. 93, 133 (1962), affd. on              
          this issue, revd in part and remanded 324 F.2d 633, 646 (8th Cir.           
          1963); cf. United States v. Boyle, supra.                                   
               The preponderance of the evidence in the instant case shows            
          (1) that petitioner, a college graduate, intentionally failed to            
          file tax returns, based on an alleged belief that had no basis in           








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