- 38 -38 due to reasonable cause and not willful neglect is one of fact, on which petitioners bear the burden of proof. Rule 142(a); Lee v. Commissioner, 227 F.2d 181, 184 (5th Cir. 1955), affg. a Memorandum Opinion of this Court dated July 31, 1953; BJR Corp. v. Commissioner, 67 T.C. 111, 131 (1976). Taxpayers have a nondelegable duty to file timely tax returns. United States v. Boyle, supra at 250. Reasonable cause for the failure to timely file the return cannot be established merely by stating that such return was in the hands of the agent. Lynch v. Commissioner, T.C. Memo. 1983-173 (citing Logan Lumber Co. v. Commissioner, 365 F.2d 846, 854 (5th Cir. 1966), affg. T.C. Memo. 1964-126). In this case, AJF neglected to retrieve its tax returns from its return preparer, Witkowski, and timely file them with respondent. Therefore, we find that AJF's untimely filing of its returns was not due to reasonable cause. Accordingly, we sustain respondent's determination with respect to the additions to tax imposed by section 6651(a) for AJF's 1988, 1989, and 1990 taxable years. Contentions not addressed are either irrelevant or without merit. To reflect the foregoing,Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011