- 8 - intentional failure or reckless indifference." United States v. Boyle, supra at 245. Petitioner filed his 1994 return on July 3, 1997. Petitioner stated that he did not file his 1994 tax return on time because his bankruptcy lawyer told him he should not file it until his 1992 and 1993 returns were "cleared up with the actual bankruptcy action." The attorney did not explain why filing the return late would be a good idea. We find that relying on this alleged information without questioning why he should file late or why he should not at least file for an extension demonstrates that petitioner did not exercise ordinary business care and prudence. Petitioner did not have reasonable cause for filing late. We sustain respondent's determination of the section 6651(a)(1) addition to tax. To the extent that we have not addressed any of the parties' arguments, we have considered them and conclude they are without merit. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011