- 14 - Thus, it is clear that petitioner knew of her obligation to file tax returns. Petitioner stated that the reason she did not file Federal income tax returns for the 1993 and 1994 taxable years was because she “ran out of money.” Inability to pay, however, does not relieve a taxpayer of his or her obligation to properly and timely file an income tax return. See Bowden v. Commissioner, T.C. Memo. 1996-318 (taxpayer’s alleged inability to pay tax was not reasonable cause for late filing). Petitioner also stated that she did not file her Federal income tax returns in protest over a dispute with the IRS concerning FICA overwithholding by her former employer, TWA, for the 1988 taxable year. The existence of a dispute or protest with the IRS does not constitute reasonable cause for not timely filing one’s returns for subsequent years. See Glowinski v. Commissioner, 25 T.C. 934 (1956), affd. per curiam 243 F.2d 635 (D.C. Cir. 1957) (taxpayer’s dispute with IRS concerning liability for prior tax years was not reasonable cause for not filing for year in question). The fact that petitioner lacked the ability to pay the tax liability and the fact that petitioner was in disagreement with the Commissioner concerning a prior taxable year do not constitute reasonable cause for failing to file Federal income tax returns for the 1993 and 1994 tax years. Accordingly,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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