- 24 - legally impaired (as a result of mental illness, traumatic epilepsy, and brain damage) from comprehending or understanding the nature and requirements of the Internal Revenue Code.” A taxpayer’s mental incapacity may constitute “reasonable cause” for failure to file returns. Bloch v. Commissioner, T.C. Memo. 1992-1. Judging by Mrs. Beck’s demeanor at trial and her testimony, which was lucid and coherent, displaying at most naivety and poor judgment rather than mental incompetence, and in the absence of any medical evidence to the contrary,13 we are unconvinced that Mrs. Beck was so mentally impaired that she could not appreciate her legal duty to file returns and pay taxes, particularly during the years in issue, when she was actively engaged in the conduct of Dr. Beck’s dental practice. Mrs. Beck has not established that she had reasonable cause for her failure to file timely returns. Accordingly, Mrs. Beck is liable for the section 6651(a)(1) addition to tax for each year in issue. 13 At trial, the Court admitted into evidence, over respondent’s objections, a letter that Dr. Beck alleged was sent to respondent’s auditing agent, which Dr. Beck alleged to contain medical reports regarding Mrs. Beck’s “emotional instability and sensitivity.” After trial, it was discovered that Dr. Beck had failed to relinquish to the Court this exhibit and other exhibits that he had proffered and that had been marked for identification. On Nov. 1, 1999, and Nov. 3, 1999, the Court’s trial clerk contacted Dr. Beck and requested that he return the exhibits to complete the record in this case. After receiving no response, on Feb. 9, 2000, the Court ordered the missing exhibits stricken from the record of these cases.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011