Cedric K. and Madelyn D. Nunn - Page 20




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          and not willful neglect.  Sec. 6651(a).  If a taxpayer exercised            
          ordinary business care and prudence and was nonetheless unable to           
          file the return within the date prescribed by law, then                     
          reasonable cause exists.  Sec. 301.6651-1(c)(1), Proced. & Admin.           
          Regs.  “Willful neglect” means a “conscious, intentional failure            
          or reckless indifference.”  United States v. Boyle, 469 U.S. 241,           
          245 (1985).                                                                 
               At trial, Mr. Nunn testified that petitioners’ 1993 Federal            
          income tax return was not filed timely because he “procrastinated           
          * * * and never got to it.”  Additionally, Mr. Nunn claimed that            
          he misunderstood the tax laws to allow for a late filing if the             
          taxpayer was to receive a refund.                                           
               Petitioners’ procrastination in filing a timely tax return             
          is certainly not reasonable cause.  Petitioners failed to                   
          exercise ordinary care and willfully neglected to file their 1993           
          Federal tax return timely.                                                  
               “As a general rule, taxpayers are charged with knowledge of            
          the law.”  Niedringhaus v. Commissioner, 99 T.C. 202, 222 (1992).           
          A taxpayer need not be an expert in tax law to know that tax                
          returns have fixed filing dates.  United States v. Boyle, supra             
          at 251.  Petitioners’ mistaken belief that they could file their            
          tax return late because they were due a refund is not reasonable            
          cause for failure to timely file a return.  See Linseman v.                 








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