James H. Jordan - Page 6

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          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 where             





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