- 23 - to file. See Watts v. Commissioner, T.C. Memo. 1999-416; Kemmerer v. Commissioner, T.C. Memo. 1993-394; Bear v. Commissioner, T.C. Memo. 1992-690, affd. without published opinion 19 F.3d 26 (9th Cir. 1994). The natural disasters did not preclude petitioner from having time to work in his law practice 12 hours per day, 6 days per week throughout 1997 and 1998, to engage in real estate transactions in 1998, and to travel to visit the timberland several times in 1998. Moreover, petitioners did not establish any causal link between the natural disasters and the late filing, such as damage or loss of their business records that precluded them from filing on time. Respondent conceded petitioners an extension of time to file until November 16, 1998. Petitioners had more than enough time to complete and file their 1997 return no later than November 16, 1998. Second, replacement of petitioners’ accountant is not “reasonable cause” to excuse their late filing. See United States v. Boyle, supra at 252. Third, petitioners argue their 1997 return was filed timely under section 165(i), which provides that any loss attributable to a Presidentially declared natural disaster may, at the election of the taxpayer, be taken into account for the taxable year immediately preceding the taxable year in which the disaster occurred. If such an election is made, the casualty resulting inPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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