Joel Rappaport - Page 13

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          incorrect; e.g., that the failure was due to reasonable cause and           
          not willful neglect.  United States v. Boyle, 469 U.S. 241, 245             
          (1985); Higbee v. Commissioner, 116 T.C. 438, 446 (2001); H.                
          Conf. Rept. 105-599, at 241 (1998), 1998-3 C.B. 747, 995.                   
          Reasonable cause may exist if the taxpayer exercised ordinary               
          business care and prudence but nevertheless could not file the              
          return when due.  United States v. Boyle, supra at 246; Bank of             
          the West v. Commissioner, 93 T.C. 462, 471 (1989).                          
               Petitioner contends that his illness was reasonable cause              
          for failure to timely file his 2001 return.  We disagree.  A                
          taxpayer’s disability may constitute reasonable cause for failure           
          to file returns.  United States v. Boyle, supra at 248 n.6.                 
          However, a taxpayer does not have reasonable cause for failing to           
          file tax returns if he or she was performing normal business                
          operations.  See Paradiso v. Commissioner, T.C. Memo. 2005-187;             
          Kemmerer v. Commissioner, T.C. Memo. 1993-394; Bear v.                      
          Commissioner, T.C. Memo. 1992-690, affd. 19 F.3d 26 (9th Cir.               
          1994); Bloch v. Commissioner, T.C. Memo. 1992-1.                            
               Petitioner operated JRC and RSC in 2002 and through the date           
          of trial.  He continued to work on a reduced schedule after his             
          illness was diagnosed.  He operated successful tax and accounting           
          practices in New York and Florida from 2002 through 2004.  He               
          also (1) represented clients before the IRS; (2) traveled between           
          his offices in Florida and New York; (3) signed all of JRC’s                






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