- 12 - cause for his failure to file his 1987 return because he was preoccupied, beginning sometime in March 1988 and continuing through August 1988, with the disappearance of his mother while in the custody of a New York City homeless shelter or hospital, his subsequent search for her with inadequate assistance from the authorities or other family members, and his ultimate discovery in August 1988 that she had died and been buried unclaimed. Further, arrangements were protracted for her exhumation, funeral, and reburial, which did not occur until October 1988 due to demands of other family members. Even if we accept petitioner's chronology, the foregoing events do not constitute reasonable cause for his failure to file, because the failure continued well after the traumatic events which he cites. The incapacity of a taxpayer due to his illness or the illness of an immediate family member may constitute reasonable cause for a delay in filing a return. Williams v. Commissioner, 16 T.C. 893, 906 (1951); Tabbi v. Commissioner, T.C. Memo. 1995-463; Hayes v. Commissioner, T.C. Memo. 1967-80. However, the duration of the incapacity must approximate that of the failure to file. See, e.g., Tabbi v. Commissioner, supra (reasonable cause where late return not filed until 2 months after taxpayers' child's death); Hayes v. Commissioner, supra (taxpayers' and their children's illnesses during first half of year was reasonable cause for late return not filed until August of that year); see also Barber v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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