- 29 - before November 2003. Although he testified that he timely filed his return for 2000 in March of 2001, petitioner offered no certified mail receipt or other evidence to corroborate his testimony. The parties have stipulated to “a true and complete copy of the tax return submitted by petitioner to respondent for * * * 2000.” The joint exhibit containing that return, which we have referred to as the Nov. 10 return, includes a copy of the front of the wrapper in which the return was mailed to the IRS. The wrapper bears what appears to be a postmark date of November 6, 2003. The return itself bears a stamp indicating that the IRS received the return on November 10, 2003. Moreover, respondent’s records indicate that no return for 2000 was filed for petitioner until November 10, 2003, when the Nov. 10 return was filed as an amended return. We have found that petitioner did not mail the Nov. 10 return before November 2003. Petitioner must establish reasonable cause in order to prevail as to the portion of the addition to tax for which he bears the burden of proof. Petitioner has failed to present any persuasive evidence establishing that his failure to file that return timely was due to reasonable cause and was not due to willful neglect. Respondent, in turn, also has failed to introduce any evidence establishing the contrary; i.e., that petitioner’s failure to file timely was not due to reasonable cause or was due to willful neglect. We sustain respondent’sPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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