Shigenori Kudo and Motomi Kudo, et al. - Page 59

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          United States v. Boyle, 469 U.S. 241, 245 (1985).  Petitioners              
          have the burden of proving that the failure to file was due to              
          reasonable cause and not to willful neglect.  Niedringhaus v.               
          Commissioner, 99 T.C. at 220-221; Baldwin v. Commissioner, 84               
          T.C. 859, 870 (1985).  To prove "reasonable cause", taxpayers               
          must show that they exercised ordinary business care and prudence           
          but nevertheless were unable to file the return within the                  
          statutorily prescribed time.  Crocker v. Commissioner, 92 T.C.              
          899, 913 (1989); sec. 301.6651-1(c)(1), Proced. & Admin. Regs.              
          Generally, taxpayers may establish reasonable cause by proving              
          that they reasonably relied on the advice of an accountant or               
          attorney that it was unnecessary to file a return and later found           
          that the advice was erroneous or mistaken.  United States v.                
          Boyle, supra at 250; Estate of Paxton v. Commissioner, 86 T.C.              
          785, 820 (1986).  We have held that reasonable reliance on the              
          erroneous advice of an attorney with respect to the due date of a           
          return may constitute "reasonable cause" within the meaning of              
          section 6651(a)(1).  Estate of La Meres v. Commissioner, 98 T.C.            
          294, 318 (1992).                                                            
               The law is well settled, however, that "reliance on an agent           
          to actually file the return, no matter how reasonable, will not,            
          as a matter of law, constitute reasonable cause for a late filing           
          under section 6651(a)(1)."  Id. at 314.  The Supreme Court made             
          clear in United States v. Boyle, supra, that a taxpayer's                   
          reliance on an agent to perform a nondelegable duty is different            




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