- 5 - care and prudence. See sec. 301.6651-1(c)(1), Proced. & Admin. Regs. "Willful neglect" means a "conscious, intentional failure or reckless indifference." United States v. Boyle, 469 U.S. 241, 245 (1985). The question of whether a failure to file a timely return is due to reasonable cause and not willful neglect is one of fact, on which petitioners bear the burden of proof. See Rule 142(a); Commissioner v. Walker, 326 F.2d 261, 264 (9th Cir. 1964), affg. in part and reversing in part 37 T.C. 962 (1962); BJR Corp. v. Commissioner, 67 T.C. 111, 131 (1976). At trial, Mr. Terrell admitted on direct examination that there was no reasonable cause for petitioners' failure to timely file their 1992 and 1993 returns. However, petitioners attempt to establish, by Mr. Terrell's testimony, that their failure to file their 1991 return was due to riots and fires occurring near their home during 1991 and the subsequent relocation of petitioners and their family to Arizona. We disagree. Mr. Terrell's testimony fails to explain how the fires and riots prevented them from timely filing their returns or how these occurrences prevented them from filing an extension to file their 1991 return. Moreover, the record shows that despite the riots and fires occurring near petitioners' home, Mr. Terrell's business records were unaffected and were taken with petitioners to Arizona. The fact that petitioners hadPage: Previous 1 2 3 4 5 6 7 8 Next
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