- 157 - and one or more of his representatives advised him not to file the joint return for 1993 until the conclusion of the examination of taxable years 1987 through 1990; and (4) he was caring for his sick mother. In support of his position regarding the late filing of the 1993 joint return in question, petitioner relies on his self- serving testimony, on which we are not required to, and we shall not, rely.108 Even if we had believed the excuses offered by petitioner for his failure to file timely that return, on the record before us, we find that those excuses are not adequate to show reasonable cause for petitioner’s failure to file timely.109 107(...continued) taxable years 1991 and 1992. 108With respect to petitioner’s claim that he relied on one or more of his representatives, who advised him not to file the 1993 joint return until after the completion by respondent of the examination of certain prior taxable years, petitioner did not question Mr. Sutton and Mr. DiBernardo, or call Ms. Schwiff as a witness, regarding what they advised him with respect to the filing of that return. We infer from petitioner’s failure to question Mr. Sutton and Mr. DiBernardo and to call Ms. Schwiff in that regard that their testimony would not have been favorable to petitioner’s contention that one or more of them advised him not to file the 1993 joint return until after the conclusion of respondent’s examination of certain prior taxable years. We also note that Mr. DiBernardo first met petitioner in 1995, sometime prior to the date (May 14, 1995) on which respondent received the 1993 joint return in question. 109With respect to petitioner’s claim that he did not file timely the 1993 joint return because he was caring for his sick mother, petitioner testified that his mother passed away on Aug. 20, 1994. However, respondent did not receive the 1993 joint return until May 14, 1995. Petitioner did not explain how his caring for his sick mother contributed to his not filing the 1993 joint return until almost 9 months after she died.Page: Previous 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 Next
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