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estimated tax liability for each of the subject years.
Respondent asks the Court to reject this contention and
suggests that petitioners failed to supply their
accountants with complete and accurate records from which
to make a reasonable estimate of their tax liability.
As a preliminary matter, we note that there is no
evidence in the record of this case that petitioners'
failure to file timely returns for 1988 and 1989 resulted
from "willful neglect" in the sense of "a conscious,
intentional failure or reckless indifference." United
States v. Boyle, 469 U.S. 241, 245 (1985). Thus, this
issue turns on whether there was "reasonable cause" within
the meaning of section 6651(a)(1) for petitioners' failure
to file timely returns for 1988 and 1989. According to
section 301.6651-1(c)(1), Proced. & Admin. Regs.,
"reasonable cause" is found "If the taxpayer exercised
ordinary business care and prudence and was nevertheless
unable to file the return within the prescribed time".
See generally Roberts v. Commissioner, 860 F.2d 1235, 1240-
1241 (5th Cir. 1988), affg. T.C. Memo. 1987-391.
The late filing in this case was not due to the
failure by petitioner's accountants to ascertain the
correct deadline for filing petitioners' 1988 and 1989
returns or to the accountants' failure to file the subject
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