- 48 - 202-203 (1970). Reasonable cause exists if a taxpayer exercised ordinary business care and prudence and nevertheless did not timely file a gift tax return. Hollingsworth v. Commissioner, 86 T.C. 91, 108 (1986) (citing Estate of Kerber v. United States, 717 F.2d 454, 455 (8th Cir. 1983)); sec. 301.6651-1(c)(1), Proced. & Admin. Regs.; see Haywood Lumber & Mining Co. v. Commissioner, 178 F.2d 769 (2d Cir. 1950). Willful neglect means a conscious, intentional failure or reckless indifference. United States v. Boyle, supra at 245-246; sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Whether a failure to timely file a gift tax return was due to reasonable cause, and not to willful neglect, is a factual matter to be decided on the basis of the facts and circumstances of each case. The Commissioner’s determination of an addition to tax is presumed to be correct and must be disproven by the taxpayer. Welch v. Helvering, 290 U.S. 111, 115 (1933); Epstein v. Commissioner, 53 T.C. 459, 477 (1969). “Courts have frequently held that `reasonable cause’ is established when a taxpayer shows that he reasonably relied on the advice of an accountant or attorney that it was unnecessary to file a return, even when such advice turned out to have been mistaken.” United States v. Boyle, supra at 250 (citing United States v. Kroll, 547 F.2d 393, 395-396 (7th Cir. 1977)); Commissioner v. American Association of Engg. Employment, Inc., 204 F.2d 19, 21 (7th Cir. 1953); Burton Swartz Land Corp. v.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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