Fawzi and Dolores Tay Tay Assaad - Page 31

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          neglect and that the failure was due to reasonable cause.  Higbee           
          v. Commissioner, 116 T.C. at 447.                                           
               Petitioners did not file their 1997 Federal income tax                 
          return until January 6, 2000, approximately 1 year and 9 months             
          after the due date for that return.  Petitioners did not                    
          introduce any evidence showing a reasonable cause for their                 
          failure to file timely their return.  At trial, respondent’s                
          counsel asked Mr. Assaad the reason for the untimely filing of              
          the 1997 return.  Mr. Assaad could not offer any explanation as             
          to why the 1997 return was filed untimely, but testified:  “I               
          don’t know the reason, to be honest.  The accountant always deal            
          with my wife, because we changing Mr. Lopez to someone else.  So            
          I am not sure.”  Mrs. Assaad did not testify at trial, and, since           
          she is a party to this proceeding, any failure on her part, and             
          consequently any reliance by Mr. Assaad on his wife, does not               
          provide reasonable cause with respect to the section 6651(a)(1)             
          addition to tax.  Further, reliance on an accountant or tax                 
          return preparer to file timely a Federal income tax return                  
          generally does not establish reasonable cause or preclude willful           
          neglect.  See Schirle v. Commissioner, T.C. Memo. 1997-552.                 
          Taxpayers have a personal and nondelegable duty to file a timely            
          return, and reliance on an accountant to file a return does not             
          provide reasonable cause for an untimely filing.  United States             
          v. Boyle, 469 U.S. 241, 249 (1985) (and cases cited thereat).               






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