- 34 - 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 subjectPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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