- 11 - petitioners claim that petitioner’s accountant is to blame for their untimely return. A taxpayer has a personal and nondelegable duty to file a timely return, and reliance on an accountant to file a return does not provide reasonable cause for an untimely filing. See United States v. Boyle, supra at 249; Schirle v. Commissioner, T.C. Memo. 1997-552. The evidence demonstrates that the joint return was deemed filed more than 4 months beyond the date it was due. Petitioners have not established that the failure to file a timely return was due to reasonable cause and not willful neglect. See Higbee v. Commissioner, 116 T.C. 438, 447 (2001). Accordingly, we sustain respondent’s imposition of the section 6651(a)(1) addition to tax. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011