Raymond O. Wright - Page 12

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          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.             





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