- 9 - 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),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011