J. Leslie James - Page 9




                                        - 9 -                                         
               The record does not show that petitioner had good tax return           
          filing habits.  Petitioner habitually filed his Federal income              
          tax returns late.  He had extensions of time to file his returns            
          for 1991, 1992, 1993, 1994, 1995, and 1996, but did not file them           
          until after the extended time had passed.  As of the date of                
          trial, petitioner had not filed his returns for 1994, 1995, and             
          1996.                                                                       
               Petitioner contends that Ball had valid reasons for not                
          preparing petitioner's returns for 1994, 1995, and 1996.  We                
          disagree.  Ball's explanations were vague and unsatisfactory.               
          Ball attributed the delay to his health problems.  However, he              
          testified that others in his office could prepare petitioner's              
          returns.  Ball testified that petitioner's claim for a refund was           
          a problem on petitioner's 1994 return.  However, Ball testified             
          that he eventually decided to prepare a return for petitioner for           
          1994 without applying for the refund.  Ball testified that he               
          wanted petitioner to claim a loss on petitioner's 1995 return               
          under section 1244 related to a liquor store.  However,                     
          petitioner kept no records for the store.  Ball said that he had            
          all of the data required for petitioner's 1996 return before                
          April 15, 1997.  Ball's testimony does not convince us that                 
          petitioner had valid reasons for not filing his 1994, 1995, and             
          1996 returns.                                                               








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011