Zinovy Brodsky - Page 73




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          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.                           





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