Bruce L. Brosi - Page 11




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          extraordinary benefits, the taxpayer must present proof of a                
          qualifying impairment in the form and manner specified by the               
          Secretary.  See sec. 6511(h)(2)(A).  The Secretary has                      
          established such form and manner in Rev. Proc. 99-21, 1999-1 C.B.           
          960.  According to the revenue procedure, the taxpayer must                 
          provide a physician’s written statement setting forth inter alia:           
          (1) A description of the taxpayer’s physical or mental                      
          impairment; (2) the physician’s medical opinion that the                    
          taxpayer’s physical or mental impairment prevented him from                 
          managing his financial affairs; (3) the physician’s medical                 
          opinion that the impairment was or could be expected to result in           
          death or lasted (or could be expected to last) for a continuous             
          period of not less than 12 months, etc.                                     
               In this case, petitioner does not contend that he suffered             
          from the type of physical or mental impairment contemplated by              
          section 6511(h)(2).  Instead, petitioner explains that his                  
          failure to timely file a return or claim a refund is a result of            
          his care-giving responsibilities provided to his mother and his             
          contemporaneous employment as an airline pilot.  Petitioner                 
          explains that he                                                            
                 functioned as his maternal parent’s primary health                   
                 care provider for some four years commencing in                      
                 1996.  Responsibilities included weekly round                        
                 [sic] travel from Pennsylvania to the parental                       
                 homestead in Illinois, four days a week of                           
                 virtually constant care-giving, and during the                       
                 remaining three days a week, maintaining his                         
                 employment as a pilot with US Airways traveling at                   
                 all times and remaining away from his domicile.                      




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