Charlie Daniel Turner, Jr. and Sandra Lovell Turner - Page 15




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          1996, but not filed until March 25, 1997.  See secs. 6072, 6081.            
          According to petitioners, the addition to tax that would                    
          otherwise result from their failure to file a timely return is              
          not applicable because the failure was due to reasonable cause,             
          namely the poor health of each, and not due to willful neglect.             
          See sec. 6651(a)(1).                                                        
               Petitioner was seriously injured in a motorcycle accident              
          shortly before petitioners’ 1995 return was due.  Furthermore, at           
          about the same time, Mrs. Turner was diagnosed with and treated             
          for a life-threatening illness.  We appreciate the severity of              
          petitioners’ health problems during the relevant time and                   
          recognize that a serious illness can constitute reasonable cause            
          for the failure to file a timely return.  See, e.g., Fambrough v.           
          Commissioner, T.C. Memo. 1990-104.  Nevertheless, in this case,             
          we note that petitioners’ health problems did not prevent them              
          from performing or maintaining other activities.  For example,              
          during the period between the due date and filing date,                     
          petitioner returned to work, Mrs. Turner apparently remained                
          employed, and the wedding of petitioners’ daughter was planned              
          and took place.  Petitioners obviously had competing demands on             
          their time around the due date of their 1995 return, and they               
          were entitled to prioritize those demands in a manner that best             
          suited their interests.  However, as we noted in Wilkinson v.               
          Commissioner, T.C. Memo. 1997-410, “a taxpayer’s selective                  






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