- 87 - However, “The delinquency is due to willful neglect if it resulted from a conscious decision or from reckless indifference.” Ellwest Stereo Theater v. Commissioner, supra (citing United States v. Boyle, supra at 245). The Bensons offered no evidence or excuse for their failure to file timely returns, and we conclude that they have not shown that their failure to file returns for the years at issue was due to reasonable cause and not due to willful neglect. Accordingly, we sustain respondent’s determinations. Furthermore, petitioners argue on brief that since Burton testified that he was responsible for filing his son’s returns, the additions to tax “should not inure to the sons for what the father undertook to do.” Petitioners cite no authority upon which we can look to relieve Eric from his duty to file his tax return timely. They rely solely upon Burton’s testimony that he undertook the responsibility to file his children’s returns. Where the duty to file the return is imposed on the guardian charged with the care of the taxpayer's property, and not on the taxpayer, the inability of the taxpayer is not controlling, and the applicability of additions to tax depends on whether or not there was a lack of good cause and due care on the part of the guardian. Bassett v. Commissioner, 67 F.3d 29, 32 (2d Cir. 1995), affg. 100 T.C. 650 (1993). We are not convinced that the failure to file was attributable to reasonable cause and not to willful neglect.Page: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Next
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