Gail Carlett Dixon - Page 13




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          the imposition of the addition to tax is mandatory.  See Heman v.           
          Commissioner, 32 T.C. 479 (1959), affd. 283 F.2d 227 (8th Cir.              
          1960).                                                                      
               Petitioner has failed to file her 1990, 1991, and 1992                 
          income tax returns.  Petitioner testified that she was too                  
          distraught over her husband's death on October 15, 1990, to file            
          her 1990 tax return.  She further testified that she was under a            
          lot of stress, was under a physician's medical care, and was                
          taking a lot of medication.  In light of the fact that petitioner           
          prepared 2,765 client returns in 1991, we conclude that                     
          petitioner's failure to file her 1990 income tax return was not             
          due to reasonable cause, and therefore the addition to tax is               
          properly imposed.                                                           
               Petitioner's 1991 and 1992 income tax returns were due on              
          April 15, 1992 and 1993, respectively.  By her testimony,                   
          petitioner seeks to imply that she was unable to file her 1991              
          and 1992 income returns on time because the IRS had her business            
          records.  The record shows that the United States executed a                
          search warrant of petitioner's business premises on April 10,               
          1992, where approximately 60 boxes of records were seized.                  
          However, during petitioner's criminal proceedings, petitioner and           
          her attorneys were informed that they could examine her seized              
          records or take them back at anytime.  Thus, petitioner had ample           
          opportunity to access her business records.  Moreover, even after           





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