Estate of Antoinette Hartsell, Deceased, Donald C. Renbarger, Personal Representative - Page 7

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          116 T.C. 438, 446 (2001); Estate of Newton v. Commissioner, T.C.            
          Memo. 1990-208.  The taxpayer bears a “heavy burden” of proving             
          both that the failure was due to reasonable cause and not willful           
          neglect.  United States v. Boyle, supra at 245.                             
               Failure to pay timely is due to “reasonable cause” if the              
          taxpayer exercised ordinary business care and prudence and was              
          nevertheless unable or would suffer an undue hardship to pay the            
          tax by the due date.  Id. at 246; Bank of the West v.                       
          Commissioner, 93 T.C. 462, 471 (1989); Estate of Paxton v.                  
          Commissioner, 86 T.C. 785, 819 (1986); sec. 301.6651-1(c),                  
          Proced. & Admin. Regs.                                                      
               The reasonable cause standard is a one-time test to be                 
          passed or failed at the payment due date.  See Indus. Indem. v.             
          Snyder, 41 Bankr. 882, 883 (E.D. Wash. 1984); see also                      
          Photographic Assistance Corp. v. United States, 82 AFTR 2d 98-              
          6804, 98-2 USTC par. 50,820 (N.D. Ga. 1998) (failure to offer any           
          explanation for a failure to pay when due prevents any finding of           
          reasonable cause).  Events occurring after the due date are still           
          relevant, however, to the reasonable cause determination.  See              
          Estate of Sowell v. United States, 198 F.3d 169 (5th Cir. 1999)             
          (distinguishes Indus. Indem., stating that, although later                  
          justifications could not stop penalties from accruing, they were            
          not irrelevant).                                                            








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