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supra at 246; sec. 301.6651-1(c)(1), Proced. & Admin. Regs.
Willful neglect means a conscious, intentional failure to file or
reckless indifference. See United States v. Boyle, supra at 245.
Petitioner argues that personal problems and the
unavailability of records constituted reasonable cause for
petitioner’s failure to timely file her 1992 return. Respondent,
on the other hand, contends that petitioner could have obtained
sufficient information if she had so desired. We agree with
petitioner.
We are satisfied that petitioner was ignorant of the trust’s
large income and assets. She was not provided with any
documentation that would inform her what, if any, funds she
received from the trust were taxable income. Mr. Clay, as
principal trustee of the trust, possessed and controlled the
financial records pertaining to the trust. The uncontradicted
testimony reveals that Mr. Clay was extremely secretive with regard
to these records because of his concern about petitioner’s young
age as well as the undesirable qualities Mr. Hornberger exhibited.
He refused to hand over relevant information regarding the trust.
In addition, Mr. Clay did not permit Mr. Dowdy or Mrs. Hunter
access to the financial records.
Moreover, given Mr. Clay’s previous track record, there was
nothing to suggest that he would be late in performing his
fiduciary responsibilities. Petitioner, Mrs. Hunter, and Mr. Dowdy
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