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In case of failure * * * to file any return * * * on
the date prescribed therefor * * *, unless it is shown
that such failure is due to reasonable cause and not
due to willful neglect, there shall be added to the
amount required to be shown as tax on such return 5
percent of the amount of such tax if the failure is for
not more than 1 month, with an additional 5 percent for
each additional month or fraction thereof during which
such failure continues, not exceeding 25 percent in the
aggregate.
To escape the addition to tax for filing late returns,
petitioners have the burden of proving (1) that the failure to
file did not result from willful neglect, and (2) that the
failure was due to reasonable cause. See United States v. Boyle,
469 U.S. 241, 245 (1985). Reasonable cause requires taxpayers to
demonstrate that they exercised "ordinary business care and
prudence" but nevertheless were "unable to file the return within
the prescribed time." Sec. 301.6651-1(c)(1), Proced. & Admin.
Regs.
Petitioners' 1992 return was due April 15, 1993. See sec.
6072. Petitioners filed their return on January 19, 1995. The
record in this case is void of any evidence of the reason for
this failure to file timely. Thus, the record is devoid of
evidence that the failure was for reasonable cause. We sustain
respondent's determination of the addition to tax under section
6651(a)(1).
Respondent determined petitioners are liable for the
accuracy-related penalty under section 6662(a) and (b)(1) for
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