Michael Morrissey - Page 22

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            failure to file was due to reasonable cause and not due to                
            willful neglect.  See also United States v. Boyle, 469 U.S.               
            241, 245 (1985); Janpol v. Commissioner, supra at 504.                    
            Reasonable cause is present where the taxpayer exercised                  
            ordinary business care and prudence but was unable to file the            
            return within the prescribed time.  United States v. Boyle,               
            supra at 245; sec. 301.6651-1(c)(1), Proced. & Admin. Regs.               
            Willful neglect means a conscious, intentional failure or                 
            reckless indifference.  United States v. Boyle, supra at 245.             
            Whether a taxpayer acts with reasonable cause, and without                
            willful neglect, is decided on the basis of the entire record.            
            Estate of Duttenhofer v. Commissioner, 49 T.C. 200, 204 (1967),           
            affd. 410 F.2d 302 (6th Cir. 1969).                                       
                 A disqualified person who engages in a prohibited                    
            transaction is required to file an excise tax return for each             
            taxable year in the taxable period.  Secs. 4975(f)(2), 6011;              
            sec. 54.6011-1(b), Pension Excise Tax Regs.; see also Janpol v.           
            Commissioner, supra at 500.  Because petitioner was a                     
            disqualified person who engaged in a prohibited transaction on            
            October 19, 1990, and the transaction remained uncorrected upon           
            issuance of the notice of deficiency, he was required to file             
            an excise tax return for 1990 and for each taxable year                   
            thereafter up to and including 1996.  See sec. 4975(f)(2)                 
            (absent a prior correction or a prior assessment of excise tax            





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