Edward R. Stolz II - Page 9




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          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’s              






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