- 6 - OPINION Petitioner has the burden of proving that respondent’s determinations under sections 6651(a)(1) and 6654(a) are wrong.4 Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioner claims that his failure to file a return for any of the years at issue and to pay estimated tax for each such year is attributable to his “mental illness caused by failure of U.S. Government to acknowledge that violation of constitutional and civil rights of Japanese Americans during World War 2 has debili- tating and demoralizing effects on the child (Edward Kazuo Ozaki) of U.S. concentration camp survivors.” With respect to the determinations at issue under section 6651(a)(1), mental illness or mental incapacity can constitute reasonable cause for the failure to file a return. Williams v. Commissioner, 16 T.C. 893, 906 (1951); see Carlson v. United States, 126 F.3d 915, 922 (7th Cir. 1997) (addressing reasonable cause exception with respect to failure to pay tax under section 6651(a)(2)). However, if the taxpayer is able to exercise 4The record does not disclose when respondent commenced an examination of each of the years at issue. We proceed on the assumption that respondent’s examination of each of those years commenced after July 22, 1998, and that sec. 7491(c) is applica- ble in the instant case. The record establishes that petitioner did not file a tax return or pay estimated tax for any of the years at issue. We conclude that respondent has satisfied respondent’s burden of production under sec. 7491(c).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011