- 9 - correlates to “ordinary business care and prudence”. Id. at 246 & n.4; sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Timely filing is further defined to mean timely mailing with a postmark on or before the prescribed filing date and with sufficient postage prepaid. See sec. 7502(a); sec. 301.7502-1(c)(1), Proced. & Admin. Regs. In addition to setting forth the general standard for applicability of section 6651(a), the Supreme Court in United States v. Boyle, supra, has also spoken definitively upon whether reliance on a professional tax preparer will satisfy this standard. The Court observed that “Whether the elements that constitute ‘reasonable cause’ are present in a given situation is a question of fact, but what elements must be present to constitute ‘reasonable cause’ is a question of law.” Id. at 249 n.8. The taxpayer in Boyle contended that failure to timely file because of a clerical oversight on the part of the attorney preparing the tax return should be excused on the grounds of reasonable cause. See id. Faced with this situation, the Court stated: “The time has come for a rule with as ‘bright’ a line as can be drawn consistent with the statute and implementing regulations.” Id. at 248. The Supreme Court then held that, while it is reasonable for taxpayers to rely on substantive advice given by an accountant or attorney, “failure to make a timely filing of a tax return is not excused by the taxpayer’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011