- 23 - on a prohibited transaction, the taxable period ends upon issuance of a notice of deficiency). Petitioner did not file an excise tax return for any of these years. With respect to the excise tax returns which were due for 1990 and 1991, we believe that petitioner's failure to file these returns was reasonable. The Supreme Court had not yet decided Keystone by the due dates for these returns; i.e., July 31, 1991 and 1992, respectively. See sec. 54.6011-1(b), Pension Excise Tax Regs.; see also Instructions to Form 5330, at 2 ("For taxes due under sections * * * 4975 * * *, file Form 5330 by the last day of the 7th month after the end of the tax year of the employer or other person who must file this return."). Although Keystone later became the law that we apply herein, we do not impute the knowledge of this law to petitioner with respect to 1990 and 1991. Reasonable cause and the absence of willful neglect are gauged at the time that a return is due, and we bear in mind only the information that the taxpayer knew (or could have known) on that date. See Ellwest Stereo Theatres, Inc. v. Commissioner, T.C. Memo. 1995-610; see also Industrial Indem. v. Snyder, 54 AFTR 2d 84-5127, 84-1 USTC par. 9507 (E.D. Wash. 1984). The mere fact that an individual never files a return for a given year does not necessarily mean that he or she is liable under section 6651(a)(1) for an addition to that year's tax. AlthoughPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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