- 5 - failure or reckless indifference.” United States v. Boyle, supra at 245. “Whether the elements that constitute ‘reasonable cause’ are present in a given situation” to excuse a failure to file timely is a question of fact. Id. at 249 n.8 (emphasis omitted). The Court concludes that respondent’s burden of production has been met. Petitioner admits that he had sufficient gross income to require the filing of a Federal income tax return and that he never filed his 2000 tax return. The burden then shifts to the taxpayer to prove both that the failure to file was not due to willful neglect and that such failure was due to reasonable cause. Id. at 245. Reasonable cause denotes an absence of fault. Id. at 247 n.4. A taxpayer must prove that his failure to file timely was the “result neither of carelessness, reckless indifference, nor intentional failure.” Id. “Generally, factors that constitute ‘reasonable cause’ include unavoidable postal delays, death or serious illness of the taxpayer or a member of his immediate family, or reliance on the mistaken legal opinion of a competent tax adviser, lawyer, or accountant that it was not necessary to file a return.” Marrin v. Commissioner, 147 F.3d 147, 152 (2d Cir. 1998), affg. T.C. Memo. 1997-24. These factors are inapplicable here. The Court is convinced that initially petitioner acted as a reasonable and prudent business person and put forth reasonablePage: Previous 1 2 3 4 5 6 7 Next
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