-9- was not making an honest and reasonable attempt to comply with the tax law. Instead, these arguments indicate that petitioner is challenging the tax laws and tax system in general. Courts unfailingly characterize these arguments as meritless. See, e.g., Crain v. Commissioner, 737 F.2d 1417, 1418 (5th Cir. 1984); Funk v. Commissioner, 123 T.C. 213, 217 (2004). Petitioner did not make an honest and genuine endeavor to satisfy the law and therefore did not file a return for purposes of section 6651. See Cabirac v. Commissioner, supra; Halcott v. Commissioner, supra. We therefore find that petitioner failed to file a return for 2001. We now address whether petitioner’s failure to file was due to reasonable cause and not to willful neglect. II. Whether Petitioner’s Failure To File a Return Was Due to Reasonable Cause and Not to Willful Neglect As previously discussed, petitioner has the burden to show that his failure to file was due to reasonable cause and not to willful neglect. Higbee v. Commissioner, 116 T.C. at 446. To prove reasonable cause, petitioner must demonstrate that he exercised ordinary business care and prudence but nevertheless was unable to file the return within the specified time. See United States v. Boyle, 469 U.S. 241, 245 (1985); sec. 301.6651- 1(c)(1), Proced. & Admin. Regs. Willful neglect means a “conscious, intentional failure or reckless indifference”. United States v. Boyle, supra at 245.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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