- 6 - 246; sec. 301.6651-1(c)(1), Proced. & Admin. Regs. “Willful neglect” means a conscious, intentional failure or reckless indifference. United States v. Boyle, supra at 245. Whether the elements that constitute reasonable cause or willful neglect are present in any given situation is a question of fact. Id. at 249 n.8. Petitioner attributes his failure to file returns timely and pay tax timely for the 3 years at issue to his embroilment in an acrimonious divorce from Sylvia and his efforts to protect his sons from her alleged abuse. We have held that a taxpayer’s marital problems such as divorce, even when coupled with other unrelated problems, are an insufficient basis to establish reasonable cause for late filing. See, e.g., Riffey v. Commissioner, T.C. Memo. 1992-426; Weiland v. Commissioner, T.C. Memo. 1982-601. In the present case, petitioner emphasizes that he was distracted by his former wife’s abusive treatment of his sons. Petitioner testified that after his sons informed him of the abuse: “everything I did, all my money, time, and everything went towards my kids. I got a lawyer * * * [and] went back to court”. Petitioner described himself as becoming “possessed” upon discovering the alleged abuse. Petitioner delivered his testimony that he became upset on learning of the abuse of his sons in a convincing manner.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011