-6- filing date. The addition to tax under section 6651(a)(1) does not apply, however, if the failure to timely file is due to reasonable cause and not to willful neglect. United States v. Boyle, 469 U.S. 241, 245 (1985). Petitioner has the burden of proof with respect to defenses to the additions to tax under section 6651(a)(1). Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Accordingly, petitioner must prove that his failure to file was due to reasonable cause and not to willful neglect. Id. To satisfy this burden, a taxpayer must show that he or she exercised ordinary business care and prudence but was nevertheless unable to file the return within the prescribed time. Crocker v. Commissioner, 92 T.C. 899, 913 (1989); sec. 301.6651-1(c)(1), Proced. & Admin. Regs. A taxpayer may have reasonable cause for failure to timely file a return where the taxpayer or a member of the taxpayer’s family experiences an illness or incapacity that prevents the taxpayer from filing his or her return. See, e.g., Hobson v. Commissioner, T.C. Memo. 1996-272 (reasonable cause found where taxpayers cared for a child suffering from multiple sclerosis and an invalid, amputee parent and taxpayer husband’s job forced taxpayers to live apart for part of the year); Tabbi v. Commissioner, T.C. Memo. 1995-463 (reasonable cause found where taxpayers’ son had heart surgery and taxpayers spent 4 months continuously in the hospital with him, and taxpayers filed their return 2 months after their son’s death); Carnahan v. Commissioner, T.C. Memo. 1994-163 (reasonable cause found wherePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011