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Cohan v. Commissioner, supra. In all other respects, respondent
is sustained on this adjustment.
The final issue is the addition to tax under section
6651(a)(1) for the late filing of petitioners’ Federal income tax
return for 2001. This addition to tax does not apply if the
taxpayer can show that the failure to file timely was due to
reasonable cause and not due to willful neglect. Under section
6072(a), calendar year taxpayers, such as petitioners, are
required to file their income tax returns by April 15, following
the close of the calendar year (or the next business day if the
15th falls on a Sunday or legal holiday). In this case,
petitioners twice filed and received approvals for extensions to
file their 2001 return to October 15, 2002. Petitioners’ 2001
return was received by the IRS on July 16, 2003. Respondent had
no record of any return filed by petitioners for 2001 other than
the return received on July 16, 2003.
The copy of the return offered into evidence at trial bears
the dates of October 12, 2002, on the signature lines for
petitioners as well as the signature line of the return preparer.
The return also bears a bold stamp “Duplicate” on the front page
and at the bottom on the signature page (the second page).
Petitioners contend the return was mailed on or about October 12,
2002, which was within the extended date granted petitioners for
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