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is not reasonable cause for failure to timely file a tax return.
See Crocker v. Commissioner, 92 T.C. 899, 913 (1989); Electric &
Neon, Inc. v. Commissioner, 56 T.C. 1324, 1342-1343 (1971), affd.
without published opinion 496 F.2d 876 (5th Cir. 1974). A
taxpayer is required to timely file a tax return based on the
best information available and thereafter to file an amended
return if necessary. See Estate of Vriniotis v. Commissioner, 79
T.C. 298, 311 (1982). Nothing in the record suggests that
petitioner applied for an extension of time to file his 1993
return. Petitioner did not establish that he made adequate
efforts to gain access to necessary tax documents held by the
bankruptcy trustee. The evidence shows that the bankruptcy
proceeding was dismissed in August of 1993, long before
petitioner’s 1993 tax return was due. Additionally, petitioner
maintained his business expense records on computer files which
were not under the control of the bankruptcy trustee, indicating
that he could have prepared a timely 1993 return with a
reasonable degree of accuracy. Petitioner has presented no
evidence showing that either Acuson or Siemens Ultrasound
submitted their Form W-2, Wage and Tax Statement, in an untimely
manner which would prejudice petitioner’s ability to file his
1993 tax return. In light of the evidence before us, we find
that petitioner has not demonstrated that his failure to timely
file his 1993 return was due to reasonable cause or a lack of
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