- 4 - bad debt of $3,640. Petitioners had not included the $3,640 amount in income in any prior year. Petitioners’ 1994 return was due April 15, 1995. They applied for and got an extension to file their 1995 return on August 15, 1996. Petitioners filed their 1994 return 14 months late, on June 19, 1996. They filed their 1995 return 4 months late, on December 12, 1996. Respondent determined that petitioners had income of $145,346 for 1994 and $93,680 for 1995 using the bank deposits method. Petitioners agreed to all of the adjustments relating to unreported income and overstated deductions made by respondent, except for the addition to tax for late filing and the accuracy- related penalty for negligence. OPINION A. Whether Petitioners Had Reasonable Cause for Their Failure To File Timely Returns for 1994 and 1995 Section 6651(a)(1) imposes an addition to tax for failure to file a tax return unless the taxpayer shows that the failure to file is due to reasonable cause and not due to willful neglect. See United States v. Boyle, 469 U.S. 241, 245 (1985); Baldwin v. Commissioner, 84 T.C. 859, 870 (1985). To prove reasonable cause, a taxpayer must show that he or she exercised ordinary business care and prudence but nevertheless could not file the return when it was due. See Crocker v. Commissioner, 92 T.C. 899, 913 (1989); sec. 301.6651-1(c)(1), Proced. & Admin.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011