Eric B. Benson, et al. - Page 87

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          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.            








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