-9- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011