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previously granted, unless such failure was due to reasonable
cause and not willful neglect. The addition is 5 percent of the
amount of tax required to be shown on the return, with 5 percent
added for each additional month that the return is late, not to
exceed 25 percent in total.
Section 6081 provides that an extension may be granted for
the filing of a return. Petitioner received an extension to file
his return to August 15, 2001. Nevertheless, he did not file a
return until November 21, 2001. Petitioner offered no
explanation for his late filing. Respondent is sustained on this
issue.
No penalty shall be imposed under section 6662(a) with
respect to any portion of an underpayment if it is shown that
there was reasonable cause and that the taxpayer acted in good
faith. See sec. 6664(c). Whether a taxpayer acted with good
faith depends upon the facts and circumstances of each case. See
sec. 1.6664-4(b)(1), Income Tax Regs. Reliance on the advice of
a professional tax adviser constitutes reasonable cause and is in
good faith if, under all the circumstances, the reliance was
reasonable and the taxpayer acted in good faith. United States
v. Boyle, 469 U.S. 241, 251 (1985).
Petitioner supplied his accountant with complete and
accurate information. Petitioner relied totally on Mr. Henry
Orloff, his accountant, to prepare his income tax return. Mr.
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