- 13 - 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 afterPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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