J. Michael and Susan Reimer - Page 30




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          failure to file continues, to a maximum of 25 percent of the tax.           
          Id.                                                                         
               The additions are applicable unless petitioners establish              
          that their failure to timely file the returns was due to                    
          reasonable cause and not willful neglect.  Id.  If petitioners              
          exercised ordinary business care and prudence and were                      
          nonetheless unable to file their returns 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).                           
               Petitioners timely filed and were granted automatic                    
          extensions to file their respective 1994 and 1995 Federal income            
          tax returns on August 15, 1995, and August 15, 1996,                        
          respectively.  Petitioners’ returns were filed with the Kansas              
          City, Missouri, field office on August 21, 1995, and August 23,             
          1996, respectively.                                                         
               The postmark on the envelope attached to their 1995 return             
          shows a date of August 15, 1995.  We find that petitioners timely           
          filed their 1994 Federal income tax return.  Sec. 7502.                     
          Accordingly, petitioners are not liable for the addition to tax             
          under section 6651(a) for 1994.                                             
               Petitioners’ 1996 envelope in which their 1995 return was              
          mailed was not available in the record.  Mr. Reimer testified               







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