- 14 - the filing of their return. Respondent had no record of receiving that return on or near that date. Petitioner testified he was unaware that the return had not been received and processed within a reasonable time period from the date petitioners claimed the return was mailed. Petitioner later became concerned when he failed to receive the refund of the claimed overpayment in the amount of $10,688. It is for that reason that petitioners mailed a return they clearly labeled as a duplicate return, which respondent received on July 16, 2003. The Court is hard-pressed to believe that a taxpayer would willfully neglect to file a timely income tax return where the taxpayer has claimed an overpayment of more than $10,000. Respondent offered no explanations to the contrary. The Court finds, therefore, there was no willful neglect by petitioners in the late filing of their 2001 return. That satisfies one prong of section 6651(a)(1). The other element of section 6651(a)(1) is the taxpayer’s burden of establishing that the failure to file timely was due to reasonable cause. The Court finds petitioner’s testimony credible as to the circumstances in which the duplicate return was filed. Although petitioners produced no proof of mailing on October 12, 2002, the Court has no reason from the record to question petitioner’s testimony that he acted, in the manner described, upon the advice and assistance of his return preparer. There is no evidence that would lead the Court toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011