Robert C. and Diana J. Watts - Page 4




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          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.               





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