William O. Harrison - Page 34

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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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