Howard Dysle - Page 9

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          challenge to the validity of the underlying tax liability);                 
          Landry v. Commissioner, 116 T.C. 60, 62 (2001).                             
          Timely Filing for 1996                                                      
               Petitioner claims that he timely filed his 1996 return.                
          Section 6651(a)(1) imposes an addition to tax for failure to file           
          a return on the date prescribed (determined with regard to any              
          extension of time for filing), unless the taxpayer can establish            
          that such failure is due to reasonable cause and not due to                 
          willful neglect.                                                            
               Petitioner claimed that he filed his original 1996 return              
          around August 1997.  Petitioner testified that he filed three tax           
          returns for 1996, but that he no longer had any copies of the               
          returns he filed for 1996.  Petitioner testified that he did not            
          mail his return via certified mail.                                         
               The Court is not required to accept petitioner’s                       
          unsubstantiated testimony.  See Wood v. Commissioner, 338 F.2d              
          602, 605 (9th Cir. 1964), affg. 41 T.C. 593 (1964).  We found               
          petitioner’s testimony to be general, vague, conclusory, and/or             
          questionable in certain material respects.  Under the                       
          circumstances presented here, we are not required to, and                   
          generally do not, rely on petitioner’s testimony to conclude that           
          he timely filed his 1996 return.  See Lerch v. Commissioner, 877            
          F.2d 624, 631-632 (7th Cir. 1989), affg. T.C. Memo. 1987-295;               
          Geiger v. Commissioner, 440 F.2d 688, 689-690 (9th Cir. 1971),              






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