James S Sparkman - Page 33

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        Section 6651(a)(1) imposes an addition to tax for failure to                  
        timely file a return unless the taxpayer establishes that the                 
        failure “is due to reasonable cause and not due to willful                    
        neglect”.  A delay is due to reasonable cause if “the taxpayer                
        exercised ordinary business care and prudence and was nevertheless            
        unable to file the return within the prescribed time”.  Sec.                  
        301.6651-1(c)(1), Proced. & Admin. Regs.                                      
             It is undisputed that Sparkman filed his individual Federal              
        income tax returns for the years 1996 through 1999 on or about                
        June 20, 2000.  Accordingly, respondent has met his burden of                 
        production pursuant to section 7491(c).  Sparkman bears the burden            
        of proving that his failure to timely file is due to reasonable               
        cause and not to willful neglect.  See Higbee v. Commissioner, 116            
        T.C. 438, 447 (2001).  Sparkman has failed to carry this burden.              
             Sparkman argues that his late filing was due to reasonable               
        cause because he had difficulty obtaining bookkeeping and                     
        accounting advice.  A taxpayer has a personal and nondelegable                
        duty to file a timely return; reliance on a bookkeeper or                     
        accountant does not provide reasonable cause for an untimely                  
        filing.  United States v. Boyle, 469 U.S. 241, 249 (1985) (and                
        cases cited therein).  Perforce, difficulty in finding a                      
        bookkeeper or accountant upon whom to rely does not provide                   
        reasonable cause for an untimely filing.  Sparkman is liable for              
        the section 6651(a)(1) addition to tax with respect to each year              
        at issue.                                                                     







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