Alfred J. Martin - Page 13




                                       - 13 -                                         
          to file, or ratify the filing of a petition for his 1980 tax                
          year.  Thus, we lack jurisdiction over petitioner’s 1980 tax                
          year.  Consequently, we lack jurisdiction to decide whether the             
          time for respondent to assess petitioner’s 1980 tax liability has           
          passed.                                                                     
          B.   Whether Petitioner Had Reasonable Cause To File His 1981               
               Return Late                                                            
               Petitioner contends that he had reasonable cause to file his           
          1981 income tax return late because he was at sea for up to 6               
          months in 1982 and he lived in Maryland rather than Colorado                
          where the Synergy Resources project was based.  We disagree.                
               A taxpayer is liable for an addition to tax of up to 25                
          percent for failure to timely file Federal income tax returns               
          unless the taxpayer shows that such failure was due to reasonable           
          cause and not willful neglect.  See sec. 6651(a)(1).  To prove              
          reasonable cause, a taxpayer must show that he or she exercised             
          ordinary business care and prudence and was nevertheless unable             
          to file the return within the prescribed time.  See Crocker v.              
          Commissioner, 92 T.C. 899, 913 (1989); sec. 301.6651-1(c)(1),               
          Proced. & Admin. Regs.  Petitioner reentered the Navy in June               
          1982.  He has not shown that being at sea or living in Maryland             
          prevented him from timely filing his 1981 return.  We conclude              
          that petitioner has not shown that he had reasonable cause to               
          file his 1981 return late.                                                  







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011