James H. Jordan - Page 9

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               A taxpayer’s illness or incapacity generally does not                  
          prevent the taxpayer from filing returns where the taxpayer is              
          able to continue his or her business affairs despite the illness            
          or incapacity, or where the taxpayer’s failure to file returns              
          continues beyond the duration of the illness or incapacity.4                
          Wright v. Commissioner, supra.  Selective incapacity only with              
          respect to a taxpayer’s income tax returns is not sufficient.               
          Id.                                                                         
               Petitioner suffered medical problems during the years at               
          issue.  Petitioner introduced evidence regarding his heart                  
          problems, his headaches, and his drug addiction and                         
          rehabilitation.  We do not find, however, that petitioner’s                 
          illnesses incapacitated him to such an extent that he was unable            
          to file his returns.  See Ramirez v. Commissioner, supra.                   
          Petitioner was in rehabilitation for approximately 3 weeks at the           
          beginning of 1999.  Although petitioner testified he experienced            
          some memory problems, petitioner was able to continue his life              


               4Petitioner argues that he is only required to prove that he           
          had reasonable cause for his failure to file on the due date of             
          the return and for the 4 months thereafter.  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); Photographic Assistance Corp. v. United States, 82             
          AFTR 2d 98-6804, 98-2 USTC par 50,820 (N.D. Ga. 1998).  Events              
          that occur after the due date, however, are relevant and                    
          probative evidence assisting the Court in determining whether the           
          taxpayer’s failure was reasonable.  See Estate of Sowell v.                 
          United States, 198 F.3d 169, 172-173 & n.4 (5th Cir. 1999);                 
          Estate of Hartsell v. Commissioner, T.C. Memo. 2004-211.                    
          Accordingly, we shall consider evidence relating to events after            
          the due date of the return and the 4 months thereafter to assist            
          us in determining whether petitioner’s failure to timely file his           
          returns was due to reasonable cause and not to willful neglect.             




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