Gary M. Jadro - Page 5

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          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 reasonable             






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