- 15 - continues, up to a maximum of 25 percent. The addition to tax is mandatory unless a taxpayer's failure to file a tax return is due to reasonable cause and is not due to willful neglect. Sec. 6651(a)(1). See generally Estate of Cavenaugh v. Commissioner, 100 T.C. 407, 426 (1993), affd. in part and revd. in part on other grounds 51 F.3d 597 (5th Cir. 1995). In order to establish reasonable cause, a taxpayer must show that he or she was unable to file a tax return despite the exercise of ordinary business care and prudence. See generally Bassett v. Commissioner, 67 F.3d 29, 31 (2d Cir. 1995), affg. 100 T.C. 650 (1993); sec. 301.6651-1(c)(1), Proced. & Admin. Regs. As mentioned above, petitioner claims that his failure to file each of the subject returns was due to reasonable cause on the grounds that he did not know whether to report his oldest daughter as a dependent and he wanted to "call attention" to himself. Petitioner's testimony hardly shows that he was prevented from filing any of the subject returns despite the exercise of ordinary business care and prudence. To the contrary, petitioner's testimony suggests that he chose not to file his returns in an attempt to "call attention" to himself. Thus, it appears that his failure to file was not the result of the exercise ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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