David E. Caruso, Jr. and Barbara Caruso - Page 8

                                        - 7 -                                         
          States v. Boyle, supra at 246; Crocker v. Commissioner, 92 T.C.             
          899 (1989).                                                                 
               Petitioners filed their 1999 Federal income tax return                 
          almost 3 years late.  At the appeals hearing and at trial,                  
          petitioners presented numerous reasons for the delay.                       
          Petitioners testified that they sold three properties during 1999           
          and knew they would owe tax for capital gains on the sales.                 
          Because petitioners made renovations to each of the properties,             
          they had valuation difficulties in the computation of their                 
          gains.  Petitioners further testified that they experienced                 
          difficulty in gathering the necessary documentation.  Petitioners           
          filed for, and were granted, two extensions to file; however,               
          they did not file for additional extensions after October 15,               
          2000.                                                                       
               Beyond the complexity of their Federal income tax return,              
          petitioners complained of numerous other difficulties that kept             
          them from filing their return timely.  In June 2000, petitioners            
          moved into a new residence, due to rising crime in their former             
          neighborhood.  In July 2000, Mr. Caruso’s father died and he                
          claimed he had to “spend nearly a year and most nights and                  
          weekends sorting through family belongings from * * * [his                  
          parents’] 68 years of marriage.  Also, bills had to be paid for             
          the estate, and that house sold, with great difficulty and                  
          delays.”  Mr. Caruso testified that, although he had siblings, he           






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